CS/HB 7141

1	A bill to be entitled
2	An act relating to land acquisition and management;
3	amending s. 20.18, F.S.; providing for the appointment of
4	an executive director for the Florida Communities Trust
5	program; amending s. 20.255, F.S.; providing for
6	appointment of the director of the Division of State Lands
7	of the Department of Environmental Protection; amending s.
8	201.15, F.S., relating to the distribution of taxes
9	collected for debt service; extending the deadline for
10	retiring the bonds issued under the Florida Forever Act;
11	amending s. 215.618, F.S.; authorizing the distribution of
12	bonds for the acquisition of conservation lands;
13	increasing the bonding authority for issuance of Florida
14	Forever bonds; directing the Legislature to complete a
15	debt analysis prior to the issuance of any such bonds by a
16	date certain; directing the Legislature to complete an
17	analysis on potential revenue sources by a date certain;
18	amending s. 253.025, F.S.; requiring appraisals of land
19	under certain circumstances; deleting provisions that
20	allow appraisers to reject an appraisal report under
21	certain conditions; providing authority to the Board of
22	Trustees of the Internal Improvement Trust Fund to waive
23	sales history requirements under certain conditions;
24	amending s. 253.0325, F.S.; requiring the Department of
25	Environmental Protection to modernize its information
26	systems; requiring an annual report of state lands
27	acquired by each recipient of funds; amending s. 253.034,
28	F.S.; defining the term "public access" for purposes of
29	chapters 253 and 259, F.S.; requiring that land management
30	plans provide short-term and long-term management goals;
31	specifying measurable objectives; requiring that a land
32	management plan contain certain elements; revising
33	requirements for determining which state-owned lands may
34	be surplus lands; requiring additional appraisals under
35	certain conditions; requiring the Division of State Lands
36	to contract with an organization for the purpose of
37	determining the value of carbon capture and carbon
38	sequestration with respect to state lands and provide an
39	inventory to the board of trustees; authorizing to the
40	Fish and Wildlife Conservation Commission to manage lands
41	for imperiled species under certain conditions; requiring
42	a report to the Legislature; providing for future
43	expiration of such authority; amending s. 253.0341, F.S.;
44	providing specific uses for state-surplused lands;
45	amending s. 253.111, F.S.; extending the period within
46	which a board of county commissioners must provide a
47	resolution to the Board of Trustees of the Internal
48	Improvement Trust Fund before state-owned lands are
49	otherwise sold; amending s. 253.82, F.S.; revising
50	requirements of the sale of nonsovereignty lands owned by
51	the board of trustees; deleting appraisal limitations;
52	amending s. 259.032, F.S.; requiring priority purchase of
53	conservation and recreational lands that have high
54	concentrations of population and certain agricultural
55	lands; revising requirements for land management plans;
56	establishing a minimum for funds expended for the
57	management of state-owned land; requiring the Land
58	Management Uniform Accounting Council to report on the
59	formula for allocating land management funds; providing
60	requirements for the report; deleting obsolete provisions;
61	amending s. 259.035, F.S.; revising provisions
62	establishing the Acquisition and Restoration Council;
63	revising membership criteria; directing the council to
64	establish specific criteria and numeric performance
65	measures for the acquisition of land; amending s. 259.037,
66	F.S.; revising the categories used by the Land Management
67	Uniform Accounting Council to collect and report the costs
68	of land management activities; requiring agencies to
69	report additional information to the council; amending s.
70	259.041, F.S., relating to the acquisition of state-owned
71	lands for preservation, conservation, and recreation
72	purposes; requiring Legislative approval for acquisitions
73	by the state exceeding a certain amount; increasing
74	appraisal thresholds; requiring that specific language be
75	included on option contracts; amending s. 259.105, F.S.,
76	relating to the Florida Forever Act; revising Legislative
77	intent; providing for funds to be deposited in the Florida
78	Forever Trust Fund; requiring bonded moneys be spent for
79	capital improvements under certain conditions; providing
80	for the expenditure of funds for conservation and
81	agricultural easements under certain conditions; providing
82	for the inclusion of carbon sequestration as a multiple
83	use; providing rulemaking authority for the board of
84	trustees; providing for the reversion of lands to the
85	board of trustees under certain conditions; requiring an
86	annual work plan be developed by the Acquisition and
87	Restoration Council; authorizing alternatives to fee-
88	simple purchases; deleting obsolete provisions; amending
89	s. 259.1051, F.S., relating to the Florida Forever Trust
90	Fund; increasing bonding authority; amending s. 373.089,
91	F.S.; clarifying the process for disposing of surplus
92	lands; amending s. 373.1391, F.S.; providing additional
93	oversight authority to the department; amending s.
94	373.199, F.S.; clarifying work plan requirements; amending
95	s. 373.59, F.S., relating to the Water Management Lands
96	Trust Fund; revising provisions with respect to annual
97	payments to a governmental entity for tax losses; amending
98	s. 570.71, F.S., relating to conservation easements and
99	agreements; authorizing the Department of Agriculture and
100	Consumer Services to allocate funds to enter into working
101	waterfront protection agreements for specified purposes;
102	authorizing the department to accept applications for
103	project proposals that fund working waterfront protection
104	agreements and that fund fee simple acquisitions in
105	working waterfronts; providing requirements with respect
106	to working waterfront protection agreements; authorizing
107	the department to acquire fee simple interest in working
108	waterfront properties on behalf of the Board of Trustees
109	of the Internal Improvement Trust Fund; defining "working
110	waterfronts"; providing that working waterfront
111	acquisitions by fee simple acquisition may be completed by
112	the department in whole or in partnership with other
113	entities; providing that working waterfront acquisitions
114	shall be managed by the department; authorizing the
115	department to enter into management agreements with other
116	entities for the management of such acquisitions;
117	providing an effective date.
118
119	Be It Enacted by the Legislature of the State of Florida:
120
121	Section 1.  Subsection (7) is added to section 20.18,
122	Florida Statutes, to read:
123	20.18  Department of Community Affairs.--There is created a
124	Department of Community Affairs.
125	(7)  There is created within the Florida Communities Trust
126	an executive director who shall administratively serve the
127	Florida Communities Trust. The executive director shall have all
128	the powers and duties necessary to carry out the purposes
129	provided in ss. 380.504-380.515. The executive director is to be
130	appointed by the Governor and Cabinet sitting as the Board of
131	Trustees of the Internal Improvement Trust Fund from a
132	recommendation by the secretary of the Department of Community
133	Affairs, subject to confirmation by the Senate. The executive
134	director shall report directly to the Board of Trustees on all
135	matters and shall serve at the exclusive pleasure of the Board
136	of Trustees.
137	Section 2.  Paragraph (h) of subsection (3) of section
138	20.255, Florida Statutes, is amended to read:
139	20.255  Department of Environmental Protection.--There is
140	created a Department of Environmental Protection.
141	(3)  The following divisions of the Department of
142	Environmental Protection are established:
143	(h)  Division of State Lands, the director of which is to
144	be appointed by the Governor and Cabinet sitting as the Board of
145	Trustees of the Internal Improvement Trust Fund from a
146	recommendation by the secretary of the department, subject to
147	confirmation by the Senate Governor and Cabinet sitting as the
148	Board of Trustees of the Internal Improvement Trust Fund. The
149	division director shall report directly to the Board of Trustees
150	on all matters and shall serve at the exclusive pleasure of the
151	Board of Trustees.
152
153	In order to ensure statewide and intradepartmental consistency,
154	the department's divisions shall direct the district offices and
155	bureaus on matters of interpretation and applicability of the
156	department's rules and programs.
157	Section 3.  Paragraph (a) of subsection (1) of section
158	201.15, Florida Statutes, is amended to read:
159	201.15  Distribution of taxes collected.--All taxes
160	collected under this chapter shall be distributed as follows and
161	shall be subject to the service charge imposed in s. 215.20(1),
162	except that such service charge shall not be levied against any
163	portion of taxes pledged to debt service on bonds to the extent
164	that the amount of the service charge is required to pay any
165	amounts relating to the bonds:
166	(1)  Sixty-two and sixty-three hundredths percent of the
167	remaining taxes collected under this chapter shall be used for
168	the following purposes:
169	(a)  Amounts as shall be necessary to pay the debt service
170	on, or fund debt service reserve funds, rebate obligations, or
171	other amounts payable with respect to Preservation 2000 bonds
172	issued pursuant to s. 375.051 and Florida Forever bonds issued
173	pursuant to s. 215.618, shall be paid into the State Treasury to
174	the credit of the Land Acquisition Trust Fund to be used for
175	such purposes. The amount transferred to the Land Acquisition
176	Trust Fund shall not exceed $300 million in fiscal year 1999-
177	2000 and thereafter for Preservation 2000 bonds and bonds issued
178	to refund Preservation 2000 bonds, and $300 million in fiscal
179	year 2000-2001 and thereafter for Florida Forever bonds. The
180	annual amount transferred to the Land Acquisition Trust Fund for
181	Florida Forever bonds shall not exceed $30 million in the first
182	fiscal year in which bonds are issued. The limitation on the
183	amount transferred shall be increased by an additional $30
184	million in each subsequent fiscal year, but shall not exceed a
185	total of $300 million in any fiscal year for all bonds issued.
186	It is the intent of the Legislature that all bonds issued to
187	fund the Florida Forever Act be retired by December 31, 2040
188	2030. Except for bonds issued to refund previously issued bonds,
189	no series of bonds may be issued pursuant to this paragraph
190	unless such bonds are approved and the debt service for the
191	remainder of the fiscal year in which the bonds are issued is
192	specifically appropriated in the General Appropriations Act. For
193	purposes of refunding Preservation 2000 bonds, amounts
194	designated within this section for Preservation 2000 and Florida
195	Forever bonds may be transferred between the two programs to the
196	extent provided for in the documents authorizing the issuance of
197	the bonds. The Preservation 2000 bonds and Florida Forever bonds
198	shall be equally and ratably secured by moneys distributable to
199	the Land Acquisition Trust Fund pursuant to this section, except
200	to the extent specifically provided otherwise by the documents
201	authorizing the issuance of the bonds. No moneys transferred to
202	the Land Acquisition Trust Fund pursuant to this paragraph, or
203	earnings thereon, shall be used or made available to pay debt
204	service on the Save Our Coast revenue bonds.
205	Section 4.  Subsection (1) of section 215.618, Florida
206	Statutes, is amended to read:
207	215.618  Bonds for acquisition and improvement of land,
208	water areas, and related property interests and resources.--
209	(1)(a)  The issuance of Florida Forever bonds, not to
210	exceed $5.3 $3 billion, to finance or refinance the cost of
211	acquisition and improvement of land, water areas, and related
212	property interests and resources, in urban and rural settings,
213	for the purposes of restoration, conservation, recreation, water
214	resource development, or historical preservation, and for
215	capital improvements to lands and water areas that accomplish
216	environmental restoration, enhance public access and
217	recreational enjoyment, promote long-term management goals, and
218	facilitate water resource development is hereby authorized,
219	subject to the provisions of s. 259.105 and pursuant to s.
220	11(e), Art. VII of the State Constitution. Florida Forever bonds
221	may also be issued to refund Preservation 2000 bonds issued
222	pursuant to s. 375.051. The $5.3 $3 billion limitation on the
223	issuance of Florida Forever bonds does not apply to refunding
224	bonds. The duration of each series of Florida Forever bonds
225	issued may not exceed 20 annual maturities. Preservation 2000
226	bonds and Florida Forever bonds shall be equally and ratably
227	secured by moneys distributable to the Land Acquisition Trust
228	Fund pursuant to s. 201.15(1)(a), except to the extent
229	specifically provided otherwise by the documents authorizing the
230	issuance of the bonds.
231	(b)  Beginning July 1, 2010, the Legislature shall analyze
232	the state's debt ratio in relation to projected revenues prior
233	to the authorization of any bonds for land acquisition.
234	(c)  By February 1, 2010, the Legislature shall complete an
235	analysis of potential revenue sources for the Florida Forever
236	program.
237	Section 5.  Subsection (6) of section 253.025, Florida
238	Statutes, is amended to read:
239	253.025  Acquisition of state lands for purposes other than
240	preservation, conservation, and recreation.--
241	(6)  Prior to negotiations with the parcel owner to
242	purchase land pursuant to this section, title to which will vest
243	in the board of trustees, an appraisal of the parcel shall be
244	required as follows:
245	(a)  Each parcel to be acquired shall have at least one
246	appraisal. Two appraisals are required when the estimated value
247	of the parcel exceeds $1 million. When a parcel is estimated to
248	be worth $100,000 or less and the director of the Division of
249	State Lands finds that the cost of an outside appraisal is not
250	justified, a comparable sales analysis or other reasonably
251	prudent procedures may be used by the division to estimate the
252	value of the parcel, provided the public's interest is
253	reasonably protected. The state is not required to appraise the
254	value of lands and appurtenances that are being donated to the
255	state.
256	(b)  Appraisal fees shall be paid by the agency proposing
257	the acquisition. The board of trustees shall approve qualified
258	fee appraisal organizations. All appraisals used for the
259	acquisition of lands pursuant to this section shall be prepared
260	by a member of an approved appraisal organization or by a state-
261	certified appraiser. The board of trustees Division of State
262	Lands shall adopt rules for selecting individuals to perform
263	appraisals pursuant to this section. Each fee appraiser selected
264	to appraise a particular parcel shall, prior to contracting with
265	the agency, submit to that agency an affidavit substantiating
266	that he or she has no vested or fiduciary interest in such
267	parcel.
268	(c)  The board of trustees shall adopt by rule the minimum
269	criteria, techniques, and methods to be used in the preparation
270	of appraisal reports. Such rules shall incorporate, to the
271	extent practicable, generally accepted appraisal standards. Any
272	appraisal issued for acquisition of lands pursuant to this
273	section must comply with the rules adopted by the board of
274	trustees. A certified survey must be made which meets the
275	minimum requirements for upland parcels established in the
276	Minimum Technical Standards for Land Surveying in Florida
277	published by the Department of Business and Professional
278	Regulation and which accurately portrays, to the greatest extent
279	practicable, the condition of the parcel as it currently exists.
280	The requirement for a certified survey may, in part or in whole,
281	be waived by the board of trustees any time prior to submitting
282	the agreement for purchase to the Division of State Lands. When
283	an existing boundary map and description of a parcel are
284	determined by the division to be sufficient for appraisal
285	purposes, the division director may temporarily waive the
286	requirement for a survey until any time prior to conveyance of
287	title to the parcel. The fee appraiser and the review appraiser
288	for the agency shall not act in any way that may be construed as
289	negotiating with the property owner.
290	(d)  Appraisal reports are confidential and exempt from the
291	provisions of s. 119.07(1), for use by the agency and the board
292	of trustees, until an option contract is executed or, if no
293	option contract is executed, until 2 weeks before a contract or
294	agreement for purchase is considered for approval by the board
295	of trustees. However, the Division of State Lands may disclose
296	appraisal information to public agencies or nonprofit
297	organizations that agree to maintain the confidentiality of the
298	reports or information when joint acquisition of property is
299	contemplated, or when a public agency or nonprofit organization
300	enters into a written agreement with the division to purchase
301	and hold property for subsequent resale to the division. In
302	addition, the division may use, as its own, appraisals obtained
303	by a public agency or nonprofit organization, provided the
304	appraiser is selected from the division's list of appraisers and
305	the appraisal is reviewed and approved by the division. For the
306	purposes of this paragraph, "nonprofit organization" means an
307	organization whose purpose is the preservation of natural
308	resources, and which is exempt from federal income tax under s.
309	501(c)(3) of the Internal Revenue Code. The agency may release
310	an appraisal report when the passage of time has rendered the
311	conclusions of value in the report invalid.
312	(e)  Prior to acceptance of an appraisal, the agency shall
313	submit a copy of such report to the Division of State Lands. The
314	division shall review such report for compliance with the rules
315	of the board of trustees. With respect to proposed purchases in
316	excess of $250,000, this review shall include a general field
317	inspection of the subject property by the review appraiser. The
318	review appraiser may reject an appraisal report following a desk
319	review, but is prohibited from approving an appraisal report in
320	excess of $250,000 without a field review. Any questions of
321	applicability of laws affecting an appraisal shall be addressed
322	by the legal office of the agency.
323	(f)  The appraisal report shall be accompanied by the sales
324	history of the parcel for at least the prior 5 years. Such sales
325	history shall include all parties and considerations with the
326	amount of consideration verified, if possible. If a sales
327	history would not be useful, or its cost prohibitive compared to
328	the value of a parcel, the sales history may be waived by the
329	board of trustees Secretary of Environmental Protection or the
330	director of the Division of State Lands. The board of trustees
331	department shall adopt a rule specifying guidelines for waiver
332	of a sales history.
333	(g)  The board of trustees may consider an appraisal
334	acquired by a seller, or any part thereof, in negotiating to
335	purchase a parcel, but such appraisal may not be used in lieu of
336	an appraisal required by this subsection or to determine the
337	maximum offer allowed by law.
338	Section 6.  Section 253.0325, Florida Statutes, is amended
339	to read:
340	253.0325  Modernization of state lands records.--
341	(1)  The Department of Environmental Protection shall
342	initiate an ongoing computerized information systems program to
343	modernize its state lands records and documents that relate to
344	all lands that have been acquired by all agencies under the
345	Florida Preservation 2000 Act pursuant to s. 259.101 or the
346	Florida Forever Act pursuant to s. 259.105. All recipients of
347	Florida Forever funds shall annually submit its records for
348	lands acquired for compilation of state lands records by the
349	department to which title is vested in the Board of Trustees of
350	the Internal Improvement Trust Fund. The program shall include,
351	at a minimum:
352	(a)  A document management component to automate the
353	storage and retrieval of information contained in state lands
354	records.
355	(b)  A land records management component to organize the
356	records by key elements present in the data.
357	(c)  An evaluation component which includes the collection
358	of resource and environmental data.
359	(d)  A mapping component to generate and store maps of
360	state-owned parcels using data from the land records management
361	and evaluation components.
362	(2)  At all stages of its records modernization program,
363	the department shall seek to ensure information systems
364	compatibility within the department and with other state, local,
365	and regional governmental agencies. The department also shall
366	seek to promote standardization in the collection of information
367	regarding state-owned lands by federal, state, regional, and
368	local agencies.
369	(3)  The information collected and stored as a result of
370	the department's modernization of state lands records shall not
371	be considered a final or complete accounting of lands which the
372	state owns or to which the state may claim ownership.
373	Section 7.  Paragraph (d) is added to subsection (2) of
374	section 253.034, Florida Statutes, subsections (5), (6), and (8)
375	of that section are amended, and subsection (14) is added to
376	that section, to read:
377	253.034  State-owned lands; uses.--
378	(2)  As used in this section, the following phrases have
379	the following meanings:
380	(d)  "Public access," as used in this chapter and chapter
381	259, means access by the general public to state lands and
382	water, including vessel access made possible by boat ramps,
383	docks, and associated support facilities, where compatible with
384	conservation and recreation objectives.
385
386	Lands acquired by the state as a gift, through donation, or by
387	any other conveyance for which no consideration was paid, and
388	which are not managed for conservation, outdoor resource-based
389	recreation, or archaeological or historic preservation under a
390	land management plan approved by the board of trustees are not
391	conservation lands.
392	(5)  Each manager of conservation lands shall submit to the
393	Division of State Lands a land management plan at least every 10
394	years in a form and manner prescribed by rule by the board and
395	in accordance with the provisions of s. 259.032. Each manager of
396	conservation lands shall also update a land management plan
397	whenever the manager proposes to add new facilities or make
398	substantive land use or management changes that were not
399	addressed in the approved plan, or within 1 year of the addition
400	of significant new lands. Each manager of nonconservation lands
401	shall submit to the Division of State Lands a land use plan at
402	least every 10 years in a form and manner prescribed by rule by
403	the board. The division shall review each plan for compliance
404	with the requirements of this subsection and the requirements of
405	the rules established by the board pursuant to this section. All
406	land use plans, whether for single-use or multiple-use
407	properties, shall include an analysis of the property to
408	determine if any significant natural or cultural resources are
409	located on the property. Such resources include archaeological
410	and historic sites, state and federally listed plant and animal
411	species, and imperiled natural communities and unique natural
412	features. If such resources occur on the property, the manager
413	shall consult with the Division of State Lands and other
414	appropriate agencies to develop management strategies to protect
415	such resources. Land use plans shall also provide for the
416	control of invasive nonnative plants and conservation of soil
417	and water resources, including a description of how the manager
418	plans to control and prevent soil erosion and soil or water
419	contamination. Land use plans submitted by a manager shall
420	include reference to appropriate statutory authority for such
421	use or uses and shall conform to the appropriate policies and
422	guidelines of the state land management plan. Plans for managed
423	areas larger than 1,000 acres shall contain an analysis of the
424	multiple-use potential of the property, which analysis shall
425	include the potential of the property to generate revenues to
426	enhance the management of the property. Additionally, the plan
427	shall contain an analysis of the potential use of private land
428	managers to facilitate the restoration or management of these
429	lands. In those cases where a newly acquired property has a
430	valid conservation plan that was developed by a soil and
431	conservation district, such plan shall be used to guide
432	management of the property until a formal land use plan is
433	completed.
434	(a)  State lands shall be managed to ensure the
435	conservation of the state's plant and animal species and to
436	ensure the accessibility of state lands for the benefit and
437	enjoyment of all people of the state, both present and future.
438	Each land management plan shall provide a desired outcome,
439	describe both short-term and long-term management goals, and
440	include measurable objectives to achieve those goals. Short-term
441	goals shall be achievable within a 2-year planning period and
442	long-term goals shall be achievable within a 10-year planning
443	period. These short-term and long-term management goals shall be
444	the basis for all subsequent land management activities.
445	(b)  Short-term and long-term management goals shall
446	include measurable objectives for the following, as appropriate:
447	1.  Habitat restoration and improvement.
448	2.  Public access and recreational opportunities.
449	3.  Hydrological preservation and restoration.
450	4.  Sustainable forest management.
451	5.  Exotic and invasive species maintenance and control.
452	6.  Capital facilities and infrastructure.
453	7.  Cultural and historical resources.
454	8.  Imperiled species habitat maintenance, enhancement,
455	restoration, or population restoration.
456	(c)  The land management plan shall at a minimum contain
457	the following elements:
458	1.  A physical description of the land.
459	2.  A quantitative data description of the land which
460	includes an inventory of forest and other natural resources;
461	exotic and invasive plants; hydrological features;
462	infrastructure, including recreational facilities; and other
463	significant land, cultural, or historical features. The
464	inventory shall reflect the number of acres for each resource
465	and feature, when appropriate. The inventory shall be of such
466	detail that objective measures and benchmarks can be established
467	for each tract of land and monitored during the lifetime of the
468	plan. All quantitative data collected shall be aggregated,
469	standardized, collected, and presented in an electronic format
470	to allow for uniform management reporting and analysis. The
471	information collected by the Department of Environmental
472	Protection pursuant to s. 253.0325(2) shall be available to the
473	land manager and his or her assignee.
474	3.  A detailed description of each short-term and long-term
475	land management goal, the associated measurable objectives, and
476	the related activities that are to be performed to meet the land
477	management objectives. Each land management objective must be
478	addressed by the land management plan and where practicable no
479	land management objective shall be performed to the detriment of
480	the other land management objectives.
481	4.  A schedule of land management activities which contains
482	short-term and long-term land management goals and the related
483	measurable objective and activities. The schedule shall include
484	for each activity a timeline for completion, quantitative
485	measures, and detailed expense and manpower budgets. The
486	schedule shall provide a management tool that facilitates
487	development of performance measures.
488	5.  A summary budget for the scheduled land management
489	activities of the land management plan. For state lands
490	containing or anticipated to contain imperiled species habitat,
491	the summary budget shall include any fees anticipated from
492	public or private entities for projects to offset adverse
493	impacts to imperiled species or such habitat, which fees shall
494	be used solely to restore, manage, enhance, repopulate, or
495	acquire imperiled species habitat. The summary budget shall be
496	prepared in such manner that it facilitates computing an
497	aggregate of land management costs for all state-managed lands
498	using the categories described in s. 259.037(3).
499	(d)  Upon completion, the land management plan will be
500	transmitted to the Acquisition and Restoration Council for
501	review.  The Acquisition and Restoration Council shall have 90
502	days to review the plan and submit its recommendations to the
503	Board of Trustees.  During the review period, the land
504	management plan may be revised if agreed to by the primary land
505	manager and the Acquisition and Restoration Council taking into
506	consideration public input.  If the Acquisition and Restoration
507	Council fails to make a recommendation for a land management
508	plan, the Secretary of the Department of Environmental
509	Protection, Commissioner of Agriculture, or Executive Director
510	of the Fish and Wildlife Conservation Commission or their
511	designees shall submit the land management plan to the Board of
512	Trustees.  The land management plan becomes effective upon
513	approval by the Board of Trustees.
514	(e)  Beginning July 1, 2010, and biennially thereafter,
515	state lands with an approved land management plan shall be
516	monitored for land management activities by a monitoring team.
517	The Division of State Lands shall coordinate the activities of
518	the review team which shall consist of three members.  One
519	member shall be selected by the Secretary of the Department of
520	Environmental Protection, or their designee, and shall have
521	experience with public recreation or use administration. One
522	member shall be selected by the Commissioner of Agriculture, or
523	their designee, and shall have experience with applied land
524	management. One member shall be selected by the Executive
525	Director of the Fish and Wildlife Conservation Commission, or
526	their designee, and shall have experience with applied habitat
527	management.  The monitoring team shall prepare a monitoring
528	report that assesses the progress towards achieving short-term
529	and long-term land management goals and shall propose corrective
530	actions for identified deficiencies in management activities.
531	The monitoring report shall be submitted to the Acquisition and
532	Restoration Council and the managing agency. The Acquisition and
533	Restoration Council shall review the monitoring report and
534	determine whether the deficiencies warrant a corrective action
535	plan or revisions to the management plan. Significant and
536	recurring deficiencies shall be brought to the Board of
537	Trustees, which shall determine whether the corrective actions
538	being proposed by the land manager and the Acquisition and
539	Restoration Council sufficiently address the deficiencies.
540	Corrective actions plans shall be prepared and submitted in the
541	same manner as land management plans.
542	(f)  Land management plans are to be updated every 10 years
543	on a rotating basis.
544	(g)  In developing land management plans, at least one
545	public hearing shall be held in each affected county.
546	(h)(a)  The Division of State Lands shall make available to
547	the public an electronic a copy of each land management plan for
548	parcels that exceed 160 acres in size. The Division of State
549	Lands council shall review each plan for compliance with the
550	requirements of this subsection, the requirements of chapter
551	259, and the requirements of the rules established by the board
552	pursuant to this section. The council shall also consider the
553	propriety of the recommendations of the managing entity with
554	regard to the future use of the property, the protection of
555	fragile or nonrenewable resources, the potential for alternative
556	or multiple uses not recognized by the managing entity, and the
557	possibility of disposal of the property by the board. After its
558	review, the council shall submit the plan, along with its
559	recommendations and comments, to the board. The council shall
560	specifically recommend to the board whether to approve the plan
561	as submitted, approve the plan with modifications, or reject the
562	plan. If the Acquisition and Restoration Council fails to make a
563	recommendation for a land management plan, the Secretary of the
564	Department of Environmental Protection, Commissioner of
565	Agriculture, or Executive Director of the Fish and Wildlife
566	Conservation Commission or their designees shall submit the land
567	management plan to the Board of Trustees.
568	(i)(b)  The Board of Trustees of the Internal Improvement
569	Trust Fund shall consider the land management plan submitted by
570	each entity and the recommendations of the council and the
571	Division of State Lands and shall approve the plan with or
572	without modification or reject such plan. The use or possession
573	of any such lands that is not in accordance with an approved
574	land management plan is subject to termination by the board.
575	(6)  The Board of Trustees of the Internal Improvement
576	Trust Fund shall determine which lands, the title to which is
577	vested in the board, may be surplused. For conservation lands,
578	the board shall make a determination that the lands are no
579	longer needed for conservation purposes and may dispose of them
580	by an affirmative vote of at least three members. In the case of
581	a land exchange involving the disposition of conservation lands,
582	the board must determine by an affirmative vote of at least
583	three members that the exchange will result in a net positive
584	conservation benefit. For all other lands, the board shall make
585	a determination that the lands are no longer needed and may
586	dispose of them by an affirmative vote of at least three
587	members.
588	(a)  For the purposes of this subsection, all lands
589	acquired by the state prior to July 1, 1999, using proceeds from
590	the Preservation 2000 bonds, the Conservation and Recreation
591	Lands Trust Fund, the Water Management Lands Trust Fund,
592	Environmentally Endangered Lands Program, and the Save Our Coast
593	Program and titled to the board, which lands are identified as
594	core parcels or within original project boundaries, shall be
595	deemed to have been acquired for conservation purposes.
596	(b)  For any lands purchased by the state on or after July
597	1, 1999, a determination shall be made by the board prior to
598	acquisition as to those parcels that shall be designated as
599	having been acquired for conservation purposes. No lands
600	acquired for use by the Department of Corrections, the
601	Department of Management Services for use as state offices, the
602	Department of Transportation, except those specifically managed
603	for conservation or recreation purposes, or the State University
604	System or the Florida Community College System shall be
605	designated as having been purchased for conservation purposes.
606	(c)  At least every 10 years, as a component of each land
607	management plan or land use plan and in a form and manner
608	prescribed by rule by the board, each manager shall evaluate and
609	indicate to the board those lands that are not being used for
610	the purpose for which they were originally leased. For
611	conservation lands, the council shall review and shall recommend
612	to the board whether such lands should be retained in public
613	ownership or disposed of by the board. For nonconservation
614	lands, the division shall review such lands and shall recommend
615	to the board whether such lands should be retained in public
616	ownership or disposed of by the board.
617	(d)  Lands owned by the board which are not actively
618	managed by any state agency or for which a land management plan
619	has not been completed pursuant to subsection (5) shall be
620	reviewed by the council or its successor for its recommendation
621	as to whether such lands should be disposed of by the board.
622	(e)  Prior to any decision by the board to surplus lands,
623	the Acquisition and Restoration Council shall review and make
624	recommendations to the board concerning the request for
625	surplusing. The council shall determine whether the request for
626	surplusing is compatible with the resource values of and
627	management objectives for such lands.
628	(f)1.  In reviewing lands owned by the board, the council
629	shall consider whether such lands would be more appropriately
630	owned or managed by the county or other unit of local government
631	in which the land is located. The council shall recommend to the
632	board whether a sale, lease, or other conveyance to a local
633	government would be in the best interests of the state and local
634	government. The provisions of this paragraph in no way limit the
635	provisions of ss. 253.111 and 253.115. Such lands shall be
636	offered to the state, county, or local government for a period
637	of 45 30 days. Permittable uses for such surplus lands may
638	include public schools; public libraries; fire or law
639	enforcement substations; governmental, judicial, or recreational
640	centers; and affordable housing meeting the criteria of s.
641	420.0004(3). County or local government requests for surplus
642	lands shall be expedited throughout the surplusing process. If
643	the county or local government does not elect to purchase such
644	lands in accordance with s. 253.111, then any surplusing
645	determination involving other governmental agencies shall be
646	made upon the board deciding the best public use of the lands.
647	Surplus properties in which governmental agencies have expressed
648	no interest shall then be available for sale on the private
649	market.
650	2.  Notwithstanding subparagraph 1., any parcel of surplus
651	lands less than 3 acres in size which was acquired by the state
652	before 1955 by gift or other conveyance or for $1 consideration
653	from a fair association incorporated under chapter 616 for the
654	purpose of conducting and operating public fairs or expositions,
655	and concerning which the department has filed by July 1, 2008, a
656	notice of intent to dispose of as surplus lands, shall be
657	offered for reconveyance to such fair association for no
658	consideration; however, the agency that last held the lease from
659	the board for management of such lands may remove from the lands
660	any improvements, fixtures, goods, wares, and merchandise within
661	180 days after the effective date of the reconveyance. This
662	subparagraph expires July 1, 2008.
663	(g)  The sale price of lands determined to be surplus
664	pursuant to this subsection and s. 253.82 shall be determined by
665	the division and shall take into consideration an appraisal of
666	the property, or, when the estimated value of the land is less
667	than $100,000, a comparable sales analysis or a broker's opinion
668	of value. If the appraisal referenced in this paragraph yields a
669	value equal to or greater than $1 million, the division, in its
670	sole discretion, may require a second appraisal. The individual
671	or entity requesting to purchase the surplus parcel shall pay
672	all appraisal costs, and the price paid by the state to
673	originally acquire the lands.
674	1.a.  A written valuation of land determined to be surplus
675	pursuant to this subsection and s. 253.82, and related documents
676	used to form the valuation or which pertain to the valuation,
677	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
678	I of the State Constitution until 2 weeks before the contract or
679	agreement regarding the purchase, exchange, or disposal of the
680	surplus land is first considered for approval by the board.
681	Notwithstanding the exemption provided under this subparagraph,
682	the division may disclose appraisals, valuations, or valuation
683	information regarding surplus land during negotiations for the
684	sale or exchange of the land, during the marketing effort or
685	bidding process associated with the sale, disposal, or exchange
686	of the land to facilitate closure of such effort or process,
687	when the passage of time has made the conclusions of value
688	invalid, or when negotiations or marketing efforts concerning
689	the land are concluded.
690	b.  This subparagraph is subject to the Open Government
691	Sunset Review Act of 1995 in accordance with s. 119.15, and
692	shall stand repealed on October 2, 2009, unless reviewed and
693	saved from repeal through reenactment by the Legislature.
694	2.  A unit of government that acquires title to lands
695	hereunder for less than appraised value may not sell or transfer
696	title to all or any portion of the lands to any private owner
697	for a period of 10 years. Any unit of government seeking to
698	transfer or sell lands pursuant to this paragraph shall first
699	allow the board of trustees to reacquire such lands for the
700	price at which the board sold such lands.
701	(h)  Where a unit of government acquired land by gift,
702	donation, grant, quitclaim deed, or other such conveyance where
703	no monetary consideration was exchanged, the price of land sold
704	as surplus may be based on one appraisal. In the event that a
705	single appraisal yields a value equal to or greater than $1
706	million, a second appraisal is required. The individual or
707	entity requesting the surplus shall select and use appraisers
708	from the list of approved appraisers maintained by the Division
709	of State Lands in accordance with s. 253.025(6)(b). The
710	individual or entity requesting the surplus is to incur all
711	costs of the appraisals.
712	(h)(i)  After reviewing the recommendations of the council,
713	the board shall determine whether lands identified for surplus
714	are to be held for other public purposes or whether such lands
715	are no longer needed. The board may require an agency to release
716	its interest in such lands. For an agency that has requested the
717	use of a property that was to be declared as surplus, said
718	agency must have the property under lease within 6 months of the
719	date of expiration of the notice provisions required under this
720	subsection and s. 253.111.
721	(i)(j)  Requests for surplusing may be made by any public
722	or private entity or person. All requests shall be submitted to
723	the lead managing agency for review and recommendation to the
724	council or its successor. Lead managing agencies shall have 90
725	days to review such requests and make recommendations. Any
726	surplusing requests that have not been acted upon within the 90-
727	day time period shall be immediately scheduled for hearing at
728	the next regularly scheduled meeting of the council or its
729	successor. Requests for surplusing pursuant to this paragraph
730	shall not be required to be offered to local or state
731	governments as provided in paragraph (f).
732	(j)(k)  Proceeds from any sale of surplus lands pursuant to
733	this subsection shall be deposited into the fund from which such
734	lands were acquired. However, if the fund from which the lands
735	were originally acquired no longer exists, such proceeds shall
736	be deposited into an appropriate account to be used for land
737	management by the lead managing agency assigned the lands prior
738	to the lands being declared surplus. Funds received from the
739	sale of surplus nonconservation lands, or lands that were
740	acquired by gift, by donation, or for no consideration, shall be
741	deposited into the Internal Improvement Trust Fund.
742	(k)(l)  Notwithstanding the provisions of this subsection,
743	no such disposition of land shall be made if such disposition
744	would have the effect of causing all or any portion of the
745	interest on any revenue bonds issued to lose the exclusion from
746	gross income for federal income tax purposes.
747	(l)(m)  The sale of filled, formerly submerged land that
748	does not exceed 5 acres in area is not subject to review by the
749	council or its successor.
750	(m)(n)  The board may adopt rules to implement the
751	provisions of this section, which may include procedures for
752	administering surplus land requests and criteria for when the
753	division may approve requests to surplus nonconservation lands
754	on behalf of the board.
755	(8)(a)  Notwithstanding other provisions of this section,
756	the Division of State Lands is directed to prepare a state
757	inventory of all federal lands and all lands titled in the name
758	of the state, a state agency, a water management district, or a
759	local government on a county-by-county basis. To facilitate the
760	development of the state inventory, each county shall direct the
761	appropriate county office with authority over the information to
762	provide the division with a county inventory of all lands
763	identified as federal lands and lands titled in the name of the
764	state, a state agency, a water management district, or a local
765	government. The Legislature recognizes the value of the state's
766	conservation lands as water recharge areas and air filters and,
767	in an effort to better understand the scientific underpinnings
768	of carbon sequestration, carbon capture, and greenhouse gas
769	mitigation, to inform policymakers and decisionmakers, and to
770	provide the infrastructure for land owners, the Division of
771	State Lands shall contract with an organization experienced and
772	specialized in carbon sinks and emission budgets to conduct an
773	inventory of all lands that were acquired pursuant to
774	Preservation 2000 and Florida Forever and that were titled in
775	the name of the Board of Trustees of the Internal Improvement
776	Trust Fund. The inventory shall determine the value of carbon
777	capture and carbon sequestration. Such inventory shall consider
778	potential carbon offset values of changes in land management
779	practices, including, but not limited to, replanting of trees,
780	routine prescribed burns, and land use conversion. Such an
781	inventory shall be completed and presented to the board of
782	trustees by July 1, 2009.
783	(b)  The state inventory must distinguish between lands
784	purchased by the state or a water management district as part of
785	a core parcel or within original project boundaries, as those
786	terms are used to meet the surplus requirements of subsection
787	(6), and lands purchased by the state, a state agency, or a
788	water management district which are not essential or necessary
789	for conservation purposes.
790	(c)  In any county having a population of 75,000 or fewer
791	less, or a county having a population of 100,000 or fewer which
792	less that is contiguous to a county having a population of
793	75,000 or fewer less, in which more than 50 percent of the lands
794	within the county boundary are federal lands and lands titled in
795	the name of the state, a state agency, a water management
796	district, or a local government, those lands titled in the name
797	of the state or a state agency which are not essential or
798	necessary to meet conservation purposes may, upon request of a
799	public or private entity, be made available for purchase through
800	the state's surplusing process. Rights-of-way for existing,
801	proposed, or anticipated transportation facilities are exempt
802	from the requirements of this paragraph. Priority consideration
803	shall be given to buyers, public or private, willing to return
804	the property to productive use so long as the property can be
805	reentered onto the county ad valorem tax roll. Property acquired
806	with matching funds from a local government shall not be made
807	available for purchase without the consent of the local
808	government.
809	(14)  By February 1, 2010, the commission shall submit a
810	report to the President of the Senate and the Speaker of the
811	House of Representatives on the efficacy of using state-owned
812	lands to protect, manage, or restore habitat for native or
813	imperiled species. This subsection expires July 1, 2014.
814	Section 8.  Section 253.0341, Florida Statutes, is amended
815	to read:
816	253.0341  Surplus of state-owned lands to counties or local
817	governments.--Counties and local governments may submit
818	surplusing requests for state-owned lands directly to the board
819	of trustees. County or local government requests for the state
820	to surplus conservation or nonconservation lands, whether for
821	purchase or exchange, shall be expedited throughout the
822	surplusing process. Property jointly acquired by the state and
823	other entities shall not be surplused without the consent of all
824	joint owners.
825	(1)  The decision to surplus state-owned nonconservation
826	lands may be made by the board without a review of, or a
827	recommendation on, the request from the Acquisition and
828	Restoration Council or the Division of State Lands. Such
829	requests for nonconservation lands shall be considered by the
830	board within 60 days of the board's receipt of the request.
831	(2)  County or local government requests for the surplusing
832	of state-owned conservation lands are subject to review of, and
833	recommendation on, the request to the board by the Acquisition
834	and Restoration Council. Requests to surplus conservation lands
835	shall be considered by the board within 120 days of the board's
836	receipt of the request.
837	(3)  A local government may request that state lands be
838	specifically declared surplus lands for the purpose of providing
839	alternative water supply and water resource development projects
840	as defined in s 373.019, public facilities such as schools, fire
841	and police facilities, and affordable housing. The request shall
842	comply with the requirements of subsection (1) if the lands are
843	nonconservation lands or subsection (2) if the lands are
844	conservation lands. Surplus lands that are conveyed to a local
845	government for affordable housing shall be disposed of by the
846	local government under the provisions of s. 125.379 or s.
847	166.0451.
848	(4)  Notwithstanding the requirements of this section and
849	the requirements of s. 253.034 which provides a surplus process
850	for the disposal of state lands, the board shall convey to
851	Miami-Dade County title to the property on which the Graham
852	Building, which houses the offices of the Miami-Dade State
853	Attorney, is located. By January 1, 2008, the board shall convey
854	fee simple title to the property to Miami-Dade County for a
855	consideration of one dollar. The deed conveying title to Miami-
856	Dade County must contain restrictions that limit the use of the
857	property for the purpose of providing workforce housing as
858	defined in s. 420.5095, and to house the offices of the Miami-
859	Dade State Attorney. Employees of the Miami-Dade State Attorney
860	and the Miami-Dade Public Defender who apply for and meet the
861	income qualifications for workforce housing shall receive
862	preference over other qualified applicants.
863	Section 9.  Subsection (3) of section 253.111, Florida
864	Statutes, is amended to read:
865	253.111  Notice to board of county commissioners before
866	sale.--The Board of Trustees of the Internal Improvement Trust
867	Fund of the state may not sell any land to which they hold title
868	unless and until they afford an opportunity to the county in
869	which such land is situated to receive such land on the
870	following terms and conditions:
871	(3)  If the board receives, within 45 30 days after notice
872	is given to the board of county commissioners pursuant to
873	subsection (1), the certified copy of the resolution provided
874	for in subsection (2), the board shall forthwith convey to the
875	county such land at a price that is equal to its appraised
876	market value established by generally accepted professional
877	standards for real estate appraisal and subject to such other
878	terms and conditions as the board determines.
879	Section 10.  Paragraph (b) of subsection (2) of section
880	253.82, Florida Statutes, is amended to read:
881	253.82  Title of state or private owners to Murphy Act
882	lands.--
883	(2)(b)  Land to which title is vested in the board of
884	trustees by paragraph (a) shall be treated in the same manner as
885	other nonsovereignty lands owned by the board. However, any
886	parcel of land the title to which is vested in the Board of
887	Trustees of the Internal Improvement Trust Fund pursuant to this
888	section which is 10 acres or less in size and has a an appraised
889	market value of $250,000 or less is hereby declared surplus,
890	except for lands determined to be needed for state use, and may
891	be sold in any manner provided by law. Only one appraisal shall
892	be required for a sale of such land. All proceeds from the sale
893	of such land shall be deposited into the Internal Improvement
894	Trust Fund. The Board of Trustees of the Internal Improvement
895	Trust Fund is authorized to adopt rules to implement the
896	provisions of this subsection.
897	Section 11.  Section 259.032, Florida Statutes, is amended
898	to read:
899	259.032  Conservation and Recreation Lands Trust Fund;
900	purpose.--
901	(1)  It is the policy of the state that the citizens of
902	this state shall be assured public ownership of natural areas
903	for purposes of maintaining this state's unique natural
904	resources; protecting air, land, and water quality; promoting
905	water resource development to meet the needs of natural systems
906	and citizens of this state; promoting restoration activities on
907	public lands; and providing lands for natural resource based
908	recreation. In recognition of this policy, it is the intent of
909	the Legislature to provide such public lands for the people
910	residing in urban and metropolitan areas of the state, as well
911	as those residing in less populated, rural areas. It is the
912	further intent of the Legislature, with regard to the lands
913	described in paragraph (3)(c), that a high priority be given to
914	the acquisition, restoration, and management of such lands in or
915	near counties exhibiting the greatest concentration of
916	population and, with regard to the lands described in subsection
917	(3), that a high priority be given to acquiring lands or rights
918	or interests in lands that advance the goals and objectives of
919	the Fish and Wildlife Conservation Commission's approved species
920	or habitat recovery plans, or lands within any area designated
921	as an area of critical state concern under s. 380.05 which, in
922	the judgment of the advisory council established pursuant to s.
923	259.035, or its successor, cannot be adequately protected by
924	application of land development regulations adopted pursuant to
925	s. 380.05. Finally, it is the Legislature's intent that lands
926	acquired through this program and any successor programs be
927	managed in such a way as to protect or restore their natural
928	resource values, and provide the greatest benefit, including
929	public access, to the citizens of this state.
930	(2)(a)  The Conservation and Recreation Lands Trust Fund is
931	established within the Department of Environmental Protection.
932	The fund shall be used as a nonlapsing, revolving fund
933	exclusively for the purposes of this section. The fund shall be
934	credited with proceeds from the following excise taxes:
935	1.  The excise taxes on documents as provided in s. 201.15;
936	and
937	2.  The excise tax on the severance of phosphate rock as
938	provided in s. 211.3103.
939
940	The Department of Revenue shall credit to the fund each month
941	the proceeds from such taxes as provided in this paragraph.
942	(b)  There shall annually be transferred from the
943	Conservation and Recreation Lands Trust Fund to the Land
944	Acquisition Trust Fund that amount, not to exceed $20 million
945	annually, as shall be necessary to pay the debt service on, or
946	fund debt service reserve funds, rebate obligations, or other
947	amounts with respect to bonds issued pursuant to s. 375.051 to
948	acquire lands on the established priority list developed
949	pursuant to ss. 259.101(4) and 259.105; however, no moneys
950	transferred to the Land Acquisition Trust Fund pursuant to this
951	paragraph, or earnings thereon, shall be used or made available
952	to pay debt service on the Save Our Coast revenue bonds. Amounts
953	transferred annually from the Conservation and Recreation Lands
954	Trust Fund to the Land Acquisition Trust Fund pursuant to this
955	paragraph shall have the highest priority over other payments or
956	transfers from the Conservation and Recreation Lands Trust Fund,
957	and no other payments or transfers shall be made from the
958	Conservation and Recreation Lands Trust Fund until such
959	transfers to the Land Acquisition Trust Fund have been made.
960	Moneys in the Conservation and Recreation Lands Trust Fund also
961	shall be used to manage lands and to pay for related costs,
962	activities, and functions pursuant to the provisions of this
963	section.
964	(3)  The Governor and Cabinet, sitting as the Board of
965	Trustees of the Internal Improvement Trust Fund, may allocate
966	moneys from the fund in any one year to acquire the fee or any
967	lesser interest in lands for the following public purposes:
968	(a)  To conserve and protect environmentally unique and
969	irreplaceable lands that contain native, relatively unaltered
970	flora and fauna representing a natural area unique to, or scarce
971	within, a region of this state or a larger geographic area;
972	(b)  To conserve and protect lands within designated areas
973	of critical state concern, if the proposed acquisition relates
974	to the natural resource protection purposes of the designation;
975	(c)  To conserve and protect native species habitat or
976	endangered or threatened species, emphasizing long-term
977	protection for endangered or threatened species designated G-1
978	or G-2 by the Florida Natural Areas Inventory, and especially
979	those areas that are special locations for breeding and
980	reproduction;
981	(d)  To conserve, protect, manage, or restore important
982	ecosystems, landscapes, and forests, if the protection and
983	conservation of such lands is necessary to enhance or protect
984	significant surface water, groundwater, coastal, recreational,
985	timber, or fish or wildlife resources which cannot otherwise be
986	accomplished through local and state regulatory programs;
987	(e)  To promote water resource development that benefits
988	natural systems and citizens of the state;
989	(f)  To facilitate the restoration and subsequent health
990	and vitality of the Florida Everglades;
991	(g)  To provide areas, including recreational trails, for
992	natural resource based recreation and other outdoor recreation
993	on any part of any site compatible with conservation purposes;
994	(h)  To preserve significant archaeological or historic
995	sites; or
996	(i)  To conserve urban open spaces suitable for greenways
997	or outdoor recreation which are compatible with conservation
998	purposes; or.
999	(j)  To preserve agricultural lands under threat of
1000	conversion to development through less-than-fee acquisitions.
1001	(4)(a)  Lands acquired under this section shall be for use
1002	as state-designated parks, recreation areas, preserves,
1003	reserves, historic or archaeological sites, geologic or
1004	botanical sites, recreational trails, forests, wilderness areas,
1005	wildlife management areas, urban open space, or other state-
1006	designated recreation or conservation lands; or they shall
1007	qualify for such state designation and use if they are to be
1008	managed by other governmental agencies or nonstate entities as
1009	provided for in this section.
1010	(b)  In addition to the uses allowed in paragraph (a),
1011	moneys may be transferred from the Conservation and Recreation
1012	Lands Trust Fund to the Florida Forever Trust Fund or the Land
1013	Acquisition Trust Fund. This paragraph expires July 1, 2007.
1014	(5)  The board of trustees may allocate, in any year, an
1015	amount not to exceed 5 percent of the money credited to the fund
1016	in that year, such allocation to be used for the initiation and
1017	maintenance of a natural areas inventory to aid in the
1018	identification of areas to be acquired pursuant to this section.
1019	(6)  Moneys in the fund not needed to meet obligations
1020	incurred under this section shall be deposited with the Chief
1021	Financial Officer to the credit of the fund and may be invested
1022	in the manner provided by law. Interest received on such
1023	investments shall be credited to the Conservation and Recreation
1024	Lands Trust Fund.
1025	(7)  The board of trustees may enter into any contract
1026	necessary to accomplish the purposes of this section. The lead
1027	land managing agencies designated by the board of trustees also
1028	are directed by the Legislature to enter into contracts or
1029	interagency agreements with other governmental entities,
1030	including local soil and water conservation districts, or
1031	private land managers who have the expertise to perform specific
1032	management activities which a lead agency lacks, or which would
1033	cost more to provide in-house. Such activities shall include,
1034	but not be limited to, controlled burning, road and ditch
1035	maintenance, mowing, and wildlife assessments.
1036	(8)  Lands to be considered for purchase under this section
1037	are subject to the selection procedures of s. 259.035 and
1038	related rules and shall be acquired in accordance with
1039	acquisition procedures for state lands provided for in s.
1040	259.041, except as otherwise provided by the Legislature. An
1041	inholding or an addition to a project selected for purchase
1042	pursuant to this chapter is not subject to the selection
1043	procedures of s. 259.035 if the estimated value of such
1044	inholding or addition does not exceed $500,000. When at least 90
1045	percent of the acreage of a project has been purchased pursuant
1046	to this chapter, the project may be removed from the list and
1047	the remaining acreage may continue to be purchased. Moneys from
1048	the fund may be used for title work, appraisal fees,
1049	environmental audits, and survey costs related to acquisition
1050	expenses for lands to be acquired, donated, or exchanged which
1051	qualify under the categories of this section, at the discretion
1052	of the board. When the Legislature has authorized the Department
1053	of Environmental Protection to condemn a specific parcel of land
1054	and such parcel has already been approved for acquisition under
1055	this section, the land may be acquired in accordance with the
1056	provisions of chapter 73 or chapter 74, and the fund may be used
1057	to pay the condemnation award and all costs, including a
1058	reasonable attorney's fee, associated with condemnation.
1059	(9)  All lands managed under this chapter and s. 253.034
1060	shall be:
1061	(a)  Managed in a manner that will provide the greatest
1062	combination of benefits to the public and to the resources.
1063	(b)  Managed for public outdoor recreation which is
1064	compatible with the conservation and protection of public lands.
1065	Such management may include, but not be limited to, the
1066	following public recreational uses: fishing, hunting, camping,
1067	bicycling, hiking, nature study, swimming, boating, canoeing,
1068	horseback riding, diving, model hobbyist activities, birding,
1069	sailing, jogging, and other related outdoor activities
1070	compatible with the purposes for which the lands were acquired.
1071	(c)  Managed for the purposes for which the lands were
1072	acquired, consistent with paragraph (11)(a).
1073	(d)  Concurrent with its adoption of the annual
1074	Conservation and Recreation Lands list of acquisition projects
1075	pursuant to s. 259.035, the board of trustees shall adopt a
1076	management prospectus for each project. The management
1077	prospectus shall delineate:
1078	1.  The management goals for the property;
1079	2.  The conditions that will affect the intensity of
1080	management;
1081	3.  An estimate of the revenue-generating potential of the
1082	property, if appropriate;
1083	4.  A timetable for implementing the various stages of
1084	management and for providing access to the public, if
1085	applicable;
1086	5.  A description of potential multiple-use activities as
1087	described in this section and s. 253.034;
1088	6.  Provisions for protecting existing infrastructure and
1089	for ensuring the security of the project upon acquisition;
1090	7.  The anticipated costs of management and projected
1091	sources of revenue, including legislative appropriations, to
1092	fund management needs; and
1093	8.  Recommendations as to how many employees will be needed
1094	to manage the property, and recommendations as to whether local
1095	governments, volunteer groups, the former landowner, or other
1096	interested parties can be involved in the management.
1097	(e)  Concurrent with the approval of the acquisition
1098	contract pursuant to s. 259.041(3)(c) for any interest in lands
1099	except those lands being acquired under the provisions of s.
1100	259.1052, the board of trustees shall designate an agency or
1101	agencies to manage such lands. The board shall evaluate and
1102	amend, as appropriate, the management policy statement for the
1103	project as provided by s. 259.035, consistent with the purposes
1104	for which the lands are acquired. For any fee simple acquisition
1105	of a parcel which is or will be leased back for agricultural
1106	purposes, or any acquisition of a less-than-fee interest in land
1107	that is or will be used for agricultural purposes, the Board of
1108	Trustees of the Internal Improvement Trust Fund shall first
1109	consider having a soil and water conservation district, created
1110	pursuant to chapter 582, manage and monitor such interests.
1111	(f)  State agencies designated to manage lands acquired
1112	under this chapter except those lands acquired under s. 259.1052
1113	may contract with local governments and soil and water
1114	conservation districts to assist in management activities,
1115	including the responsibility of being the lead land manager.
1116	Such land management contracts may include a provision for the
1117	transfer of management funding to the local government or soil
1118	and water conservation district from the Conservation and
1119	Recreation Lands Trust Fund in an amount adequate for the local
1120	government or soil and water conservation district to perform
1121	its contractual land management responsibilities and
1122	proportionate to its responsibilities, and which otherwise would
1123	have been expended by the state agency to manage the property.
1124	(g)  Immediately following the acquisition of any interest
1125	in lands under this chapter, the Department of Environmental
1126	Protection, acting on behalf of the board of trustees, may issue
1127	to the lead managing entity an interim assignment letter to be
1128	effective until the execution of a formal lease.
1129	(10)(a)  State, regional, or local governmental agencies or
1130	private entities designated to manage lands under this section
1131	shall develop and adopt, with the approval of the board of
1132	trustees, an individual management plan for each project
1133	designed to conserve and protect such lands and their associated
1134	natural resources. Private sector involvement in management plan
1135	development may be used to expedite the planning process.
1136	(b)  Individual management plans required by s. 253.034(5),
1137	for parcels over 160 acres, shall be developed with input from
1138	an advisory group. Members of this advisory group shall include,
1139	at a minimum, representatives of the lead land managing agency,
1140	comanaging entities, local private property owners, the
1141	appropriate soil and water conservation district, a local
1142	conservation organization, and a local elected official. The
1143	advisory group shall conduct at least one public hearing within
1144	the county in which the parcel or project is located. For those
1145	parcels or projects that are within more than one county, at
1146	least one areawide public hearing shall be acceptable and the
1147	lead managing agency shall invite a local elected official from
1148	each county. The areawide public hearing shall be held in the
1149	county in which the core parcels are located. Notice of such
1150	public hearing shall be posted on the parcel or project
1151	designated for management, advertised in a paper of general
1152	circulation, and announced at a scheduled meeting of the local
1153	governing body before the actual public hearing. The management
1154	prospectus required pursuant to paragraph (9)(d) shall be
1155	available to the public for a period of 30 days prior to the
1156	public hearing.
1157	(c)  Once a plan is adopted, the managing agency or entity
1158	shall update the plan at least every 10 years in a form and
1159	manner prescribed by rule of the board of trustees. Such
1160	updates, for parcels over 160 acres, shall be developed with
1161	input from an advisory group. Such plans may include transfers
1162	of leasehold interests to appropriate conservation organizations
1163	or governmental entities designated by the Land Acquisition and
1164	Management Advisory Council or its successor, for uses
1165	consistent with the purposes of the organizations and the
1166	protection, preservation, conservation, restoration, and proper
1167	management of the lands and their resources. Volunteer
1168	management assistance is encouraged, including, but not limited
1169	to, assistance by youths participating in programs sponsored by
1170	state or local agencies, by volunteers sponsored by
1171	environmental or civic organizations, and by individuals
1172	participating in programs for committed delinquents and adults.
1173	(d)1.  For each project for which lands are acquired after
1174	July 1, 1995, an individual management plan shall be adopted and
1175	in place no later than 1 year after the essential parcel or
1176	parcels identified in the priority list developed pursuant to
1177	ss. 259.101(4) and 259.105 have been acquired. The Department of
1178	Environmental Protection shall distribute only 75 percent of the
1179	acquisition funds to which a budget entity or water management
1180	district would otherwise be entitled from the Preservation 2000
1181	Trust Fund to any budget entity or any water management district
1182	that has more than one-third of its management plans overdue.
1183	2.  The requirements of subparagraph 1. do not apply to the
1184	individual management plan for the Babcock Crescent B Ranch
1185	being acquired pursuant to s. 259.1052. The management plan for
1186	the ranch shall be adopted and in place no later than 2 years
1187	following the date of acquisition by the state.
1188	(e)  Individual management plans shall conform to the
1189	appropriate policies and guidelines of the state land management
1190	plan and shall include, but not be limited to:
1191	1.  A statement of the purpose for which the lands were
1192	acquired, the projected use or uses as defined in s. 253.034,
1193	and the statutory authority for such use or uses.
1194	2.  Key management activities necessary to achieve the
1195	desired outcomes, including, but not limited to, providing
1196	public access, preserving and protecting natural resources,
1197	protecting cultural and historical resources, restoring habitat,
1198	protecting threatened and endangered species, controlling the
1199	spread of nonnative plants and animals, performing prescribed
1200	fire activities, and other appropriate resource management. to
1201	preserve and protect natural resources and restore habitat, and
1202	for controlling the spread of nonnative plants and animals, and
1203	for prescribed fire and other appropriate resource management
1204	activities.
1205	3.  A specific description of how the managing agency plans
1206	to identify, locate, protect, and preserve, or otherwise use
1207	fragile, nonrenewable natural and cultural resources.
1208	4.  A priority schedule for conducting management
1209	activities, based on the purposes for which the lands were
1210	acquired.
1211	5.  A cost estimate for conducting priority management
1212	activities, to include recommendations for cost-effective
1213	methods of accomplishing those activities.
1214	6.  A cost estimate for conducting other management
1215	activities which would enhance the natural resource value or
1216	public recreation value for which the lands were acquired. The
1217	cost estimate shall include recommendations for cost-effective
1218	methods of accomplishing those activities.
1219	7.  A determination of the public uses and public access
1220	that would be consistent with the purposes for which the lands
1221	were acquired.
1222	(f)  The Division of State Lands shall submit a copy of
1223	each individual management plan for parcels which exceed 160
1224	acres in size to each member of the Acquisition and Restoration
1225	Council Land Acquisition and Management Advisory Council or its
1226	successor, which shall:
1227	1.  Within 60 days after receiving a plan from the
1228	division, review each plan for compliance with the requirements
1229	of this subsection and with the requirements of the rules
1230	established by the board pursuant to this subsection.
1231	2.  Consider the propriety of the recommendations of the
1232	managing agency with regard to the future use or protection of
1233	the property.
1234	3.  After its review, submit the plan, along with its
1235	recommendations and comments, to the board of trustees, with
1236	recommendations as to whether to approve the plan as submitted,
1237	approve the plan with modifications, or reject the plan.
1238	(g)  The board of trustees shall consider the individual
1239	management plan submitted by each state agency and the
1240	recommendations of the Acquisition and Restoration Council Land
1241	Acquisition and Management Advisory Council, or its successor,
1242	and the Division of State Lands and shall approve the plan with
1243	or without modification or reject such plan. The use or
1244	possession of any lands owned by the board of trustees which is
1245	not in accordance with an approved individual management plan is
1246	subject to termination by the board of trustees.
1247
1248	By July 1 of each year, each governmental agency and each
1249	private entity designated to manage lands shall report to the
1250	Secretary of Environmental Protection on the progress of
1251	funding, staffing, and resource management of every project for
1252	which the agency or entity is responsible.
1253	(11)(a)  The Legislature recognizes that acquiring lands
1254	pursuant to this chapter serves the public interest by
1255	protecting land, air, and water resources which contribute to
1256	the public health and welfare, providing areas for natural
1257	resource based recreation, and ensuring the survival of unique
1258	and irreplaceable plant and animal species. The Legislature
1259	intends for these lands to be managed and maintained for the
1260	purposes for which they were acquired and for the public to have
1261	access to and use of these lands where it is consistent with
1262	acquisition purposes and would not harm the resources the state
1263	is seeking to protect on the public's behalf.
1264	(b)  An amount of not less than up to 1.5 percent of the
1265	cumulative total of funds ever deposited into the Florida
1266	Preservation 2000 Trust Fund and the Florida Forever Trust Fund
1267	shall be made available for the purposes of management,
1268	maintenance, and capital improvements not eligible for funding
1269	pursuant to s. 11(e), Art. VII of the State Constitution, and
1270	for associated contractual services, for lands acquired pursuant
1271	to this section, s. 259.101, s. 259.105, s. 259.1052, or
1272	previous programs for the acquisition of lands for conservation
1273	and recreation, including state forests, to which title is
1274	vested in the board of trustees and other conservation and
1275	recreation lands managed by a state agency. Of this amount,
1276	$250,000 shall be transferred annually to the Plant Industry
1277	Trust Fund within the Department of Agriculture and Consumer
1278	Services for the purpose of implementing the Endangered or
1279	Threatened Native Flora Conservation Grants Program pursuant to
1280	s. 581.185(11). Each agency with management responsibilities
1281	shall annually request from the Legislature funds sufficient to
1282	fulfill such responsibilities to implement individual management
1283	plans. For the purposes of this paragraph, capital improvements
1284	shall include, but need not be limited to, perimeter fencing,
1285	signs, firelanes, access roads and trails, and minimal public
1286	accommodations, such as primitive campsites, garbage
1287	receptacles, and toilets. Any equipment purchased with funds
1288	provided pursuant to this paragraph may be used for the purposes
1289	described in this paragraph on any conservation and recreation
1290	lands managed by a state agency. The funding requirement created
1291	in this paragraph is subject to an annual evaluation by the
1292	Legislature in order to ensure that such requirement does not
1293	impact the respective trust fund in a manner that would prevent
1294	the trust fund from meeting other minimum requirements.
1295	(c)  The Land Management Uniform Accounting Council shall
1296	prepare and deliver a report on the methodology and formula for
1297	allocating land management funds to the Acquisition and
1298	Restoration Council. The Acquisition and Restoration Council
1299	shall review, modify as appropriate, and submit the report to
1300	the Board of Trustees of the Internal Improvement Trust Fund.
1301	The board of trustees shall review, modify as appropriate, and
1302	submit the report to the President of the Senate and the Speaker
1303	of the House of Representatives no later than December 31, 2008,
1304	which provides an interim management formula and a long-term
1305	management formula, and the methodologies used to develop the
1306	formulas, which shall be used to allocate land management In
1307	requesting funds provided for in paragraph (b) for interim and
1308	long-term management of all lands managed acquisitions pursuant
1309	to this chapter and for associated contractual services. The
1310	methodology and formula for interim management shall be based on
1311	the estimated land acquisitions for the fiscal year in which the
1312	interim funds will be expended. The methodology and formula for
1313	long-term management shall recognize, but not be limited to, the
1314	following, the managing agencies shall recognize the following
1315	categories of land management needs:
1316	1.  The assignment of management intensity associated with
1317	managed habitats and natural communities and the related
1318	management activities to achieve land management goals provided
1319	in ss. 253.054(5) and subsection (10).
1320	a.  The acres of land that require minimal effort for
1321	resource preservation or restoration.
1322	b.  The acres of land that require moderate effort for
1323	resource preservation or restoration.
1324	c.  The acres of land that require significant effort for
1325	resource preservation or restoration.
1326	2.  The assignment of management intensity associated with
1327	public access, including, but not limited to:
1328	a.  The acres of land that are open to the public but offer
1329	no more than minimally developed facilities;
1330	b.  The acres of land that have a high degree of public use
1331	and offer highly developed facilities; and
1332	c.  The acres of land that are sites that have historic
1333	significance, unique natural features, or a very high degree of
1334	public use.
1335	3.  The acres of land that have a secondary manager
1336	contributing to the over-all management effort.
1337	4.  The anticipated revenues generated from management of
1338	the lands.
1339	5.  The impacts of, and needs created or addressed by,
1340	multiple-use management strategies.
1341	6.  The acres of land that have infestations of nonnative
1342	or invasive plants, animals, or fish.
1343	1.  Lands which are low-need tracts, requiring basic
1344	resource management and protection, such as state reserves,
1345	state preserves, state forests, and wildlife management areas.
1346	These lands generally are open to the public but have no more
1347	than minimum facilities development.
1348	2.  Lands which are moderate-need tracts, requiring more
1349	than basic resource management and protection, such as state
1350	parks and state recreation areas. These lands generally have
1351	extra restoration or protection needs, higher concentrations of
1352	public use, or more highly developed facilities.
1353	3.  Lands which are high-need tracts, with identified needs
1354	requiring unique site-specific resource management and
1355	protection. These lands generally are sites with historic
1356	significance, unique natural features, or very high intensity
1357	public use, or sites that require extra funds to stabilize or
1358	protect resources, such as lands with heavy infestations of
1359	nonnative, invasive plants.
1360
1361	In evaluating the management funding needs of lands based on the
1362	above categories, the lead land managing agencies shall include
1363	in their considerations the impacts of, and needs created or
1364	addressed by, multiple-use management strategies. The funding
1365	formulas for interim and long-term management proposed by the
1366	agencies shall be reviewed by the Legislature during the 2009
1367	regular legislative session. The Legislature may reject, modify,
1368	or take no action relative to the proposed funding formulas. If
1369	no action is taken, the funding formulas shall be used in the
1370	allocation and distribution of funds provided in paragraph (b).
1371	(d)  All revenues generated through multiple-use management
1372	or compatible secondary-use management shall be returned to the
1373	lead agency responsible for such management and shall be used to
1374	pay for management activities on all conservation, preservation,
1375	and recreation lands under the agency's jurisdiction. In
1376	addition, such revenues shall be segregated in an agency trust
1377	fund and shall remain available to the agency in subsequent
1378	fiscal years to support land management appropriations. For the
1379	purposes of this paragraph, compatible secondary-use management
1380	shall be those activities described in subsection (9) undertaken
1381	on parcels designated as single use pursuant to s.
1382	253.034(2)(b).
1383	(e)  Up to one-fifth of the funds provided for in paragraph
1384	(b) shall be reserved by the board of trustees for interim
1385	management of acquisitions and for associated contractual
1386	services, to ensure the conservation and protection of natural
1387	resources on project sites and to allow limited public
1388	recreational use of lands. Interim management activities may
1389	include, but not be limited to, resource assessments, control of
1390	invasive, nonnative species, habitat restoration, fencing, law
1391	enforcement, controlled burning, and public access consistent
1392	with preliminary determinations made pursuant to paragraph
1393	(9)(g). The board of trustees shall make these interim funds
1394	available immediately upon purchase.
1395	(f)  The department shall set long-range and annual goals
1396	for the control and removal of nonnative, invasive plant species
1397	on public lands. Such goals shall differentiate between aquatic
1398	plant species and upland plant species. In setting such goals,
1399	the department may rank, in order of adverse impact, species
1400	that impede or destroy the functioning of natural systems.
1401	Notwithstanding paragraph (a), up to one-fourth of the funds
1402	provided for in paragraph (b) may be used by the agencies
1403	receiving those funds for control and removal of nonnative,
1404	invasive species on public lands.
1405	(g)  In addition to the purposes specified in paragraph
1406	(b), funds from the 1.5 percent of the cumulative total of funds
1407	ever deposited into the Florida Preservation 2000 Trust Fund and
1408	the Florida Forever Trust Fund may be appropriated for the 2006-
1409	2007 fiscal year for the construction of replacement museum
1410	facilities. This paragraph expires July 1, 2007.
1411	(12)(a)  Beginning July 1, 1999, the Legislature shall make
1412	available sufficient funds annually from the Conservation and
1413	Recreation Lands Trust Fund to the department for payment in
1414	lieu of taxes to qualifying counties and local governments as
1415	defined in paragraph (b) for all actual tax losses incurred as a
1416	result of board of trustees acquisitions for state agencies
1417	under the Florida Forever program or the Florida Preservation
1418	2000 program during any year. Reserved funds not used for
1419	payments in lieu of taxes in any year shall revert to the fund
1420	to be used for land management in accordance with the provisions
1421	of this section.
1422	(b)  Payment in lieu of taxes shall be available:
1423	1.  To all counties that have a population of 150,000 or
1424	fewer. Population levels shall be determined pursuant to s.
1425	11.031.
1426	2.  To all local governments located in eligible counties.
1427	3.  To Glades County, where a privately owned and operated
1428	prison leased to the state has recently been opened and where
1429	privately owned and operated juvenile justice facilities leased
1430	to the state have recently been constructed and opened, a
1431	payment in lieu of taxes, in an amount that offsets the loss of
1432	property tax revenue, which funds have already been appropriated
1433	and allocated from the Department of Correction's budget for the
1434	purpose of reimbursing amounts equal to lost ad valorem taxes.
1435	(c)  If insufficient funds are available in any year to
1436	make full payments to all qualifying counties and local
1437	governments, such counties and local governments shall receive a
1438	pro rata share of the moneys available.
1439	(d)  The payment amount shall be based on the average
1440	amount of actual taxes paid on the property for the 3 years
1441	preceding acquisition. Applications for payment in lieu of taxes
1442	shall be made no later than January 31 of the year following
1443	acquisition. No payment in lieu of taxes shall be made for
1444	properties which were exempt from ad valorem taxation for the
1445	year immediately preceding acquisition.
1446	(e)  If property which was subject to ad valorem taxation
1447	was acquired by a tax-exempt entity for ultimate conveyance to
1448	the state under this chapter, payment in lieu of taxes shall be
1449	made for such property based upon the average amount of taxes
1450	paid on the property for the 3 years prior to its being removed
1451	from the tax rolls. The department shall certify to the
1452	Department of Revenue those properties that may be eligible
1453	under this provision. Once eligibility has been established,
1454	that county or local government shall receive 10 consecutive
1455	annual payments for each tax loss until the qualifying county or
1456	local government exceeds the population threshold pursuant to
1457	this section, and no further eligibility determination shall be
1458	made during that period.
1459	(f)  Payment in lieu of taxes pursuant to this subsection
1460	shall be made annually to qualifying counties and local
1461	governments after certification by the Department of Revenue
1462	that the amounts applied for are reasonably appropriate, based
1463	on the amount of actual taxes paid on the eligible property.
1464	With the assistance of the local government requesting payment
1465	in lieu of taxes, the state agency that acquired the land is
1466	responsible for preparing and submitting application requests
1467	for payment to the Department of Revenue for certification.
1468	(g)  If the board of trustees conveys to a local government
1469	title to any land owned by the board, any payments in lieu of
1470	taxes on the land made to the local government shall be
1471	discontinued as of the date of the conveyance.
1472
1473	For the purposes of this subsection, "local government" includes
1474	municipalities, the county school board, mosquito control
1475	districts, and any other local government entity which levies ad
1476	valorem taxes, with the exception of a water management
1477	district.
1478	(13)  Moneys credited to the fund each year which are not
1479	used for management, maintenance, or capital improvements
1480	pursuant to subsection (11); for payment in lieu of taxes
1481	pursuant to subsection (12); or for the purposes of subsection
1482	(5), shall be available for the acquisition of land pursuant to
1483	this section.
1484	(14)  The board of trustees may adopt rules to further
1485	define the categories of land for acquisition under this
1486	chapter.
1487	(15)  Within 90 days after receiving a certified letter
1488	from the owner of a property on the Conservation and Recreation
1489	Lands list or the priority list established pursuant to s.
1490	259.105 objecting to the property being included in an
1491	acquisition project, where such property is a project or part of
1492	a project which has not been listed for purchase in the current
1493	year's land acquisition work plan, the board of trustees shall
1494	delete the property from the list or from the boundary of an
1495	acquisition project on the list.
1496	Section 12.  Section 259.035, Florida Statutes, is amended
1497	to read:
1498	259.035  Acquisition and Restoration Council.--
1499	(1)  There is created the Acquisition and Restoration
1500	Council.
1501	(a)  The council shall be composed of eleven nine voting
1502	members, four of whom shall be appointed by the Governor. Of
1503	these four appointees, three shall be from scientific
1504	disciplines related to land, water, or environmental sciences
1505	and the fourth shall have at least 5 years of experience in
1506	managing lands for both active and passive types of recreation.
1507	They shall serve 4-year terms, except that, initially, to
1508	provide for staggered terms, two of the appointees shall serve
1509	2-year terms. All subsequent appointments shall be for 4-year
1510	terms. No appointee shall serve more than 6 years. The Governor
1511	may at any time fill a vacancy for the unexpired term of a
1512	member appointed under this paragraph.
1513	(b)  The five remaining appointees shall be composed of the
1514	Secretary of Environmental Protection, the director of the
1515	Division of Forestry of the Department of Agriculture and
1516	Consumer Services, the executive director of the Fish and
1517	Wildlife Conservation Commission, the director of the Division
1518	of Historical Resources of the Department of State, and the
1519	secretary of the Department of Community Affairs, or their
1520	respective designees.
1521	(c)  One member shall be appointed by the Commissioner of
1522	Agriculture with a discipline related to agriculture including
1523	silviculture. One member shall be appointed by the Fish and
1524	Wildlife Conservation Commission with a discipline related to
1525	wildlife management or wildlife ecology.
1526	(d)(c)  The Governor shall appoint the chair of the
1527	council, and a vice chair shall be elected from among the
1528	members.
1529	(e)(d)  The council shall hold periodic meetings at the
1530	request of the chair.
1531	(f)(e)  The Department of Environmental Protection shall
1532	provide primary staff support to the council and shall ensure
1533	that council meetings are electronically recorded. Such
1534	recording shall be preserved pursuant to chapters 119 and 257.
1535	(g)(f)  The board of trustees has authority to adopt rules
1536	pursuant to ss. 120.536(1) and 120.54 to implement the
1537	provisions of this section.
1538	(2)  The four members of the council appointed pursuant to
1539	paragraph (1)(a) and the two members of the council appointed
1540	pursuant to paragraph (1)(c) by the Governor shall receive
1541	reimbursement for $75 per day while engaged in the business of
1542	the council, as well as expenses and per diem for travel, to
1543	attend council including attendance at meetings, as allowed
1544	state officers and employees while in the performance of their
1545	duties, pursuant to s. 112.061.
1546	(3)  The council shall provide assistance to the board of
1547	trustees in reviewing the recommendations and plans for state-
1548	owned lands required under ss. 253.034 and 259.032. The council
1549	shall, in reviewing such recommendations and plans, consider the
1550	optimization of multiple-use and conservation strategies to
1551	accomplish the provisions funded pursuant to ss. 259.101(3)(a)
1552	and 259.105(3)(b).
1553	(4)(a)  The council may use existing rules adopted by the
1554	board of trustees, until it develops and recommends amendments
1555	to those rules, to competitively evaluate, select, and rank
1556	projects eligible for the Conservation and Recreation Lands list
1557	pursuant to ss. 259.032(3) and 259.101(4) and, beginning no
1558	later than May 1, 2001, for Florida Forever funds pursuant to s.
1559	259.105(3)(b).
1560	(b)  By December 1, 2009, the Acquisition and Restoration
1561	Council shall develop rules defining specific criteria and
1562	numeric performance measures needed for lands that are to be
1563	acquired for public purpose under the Florida Forever program
1564	pursuant to s. 259.105. Each recipient of Florida Forever funds
1565	shall assist the council in the development of such rules. These
1566	rules shall be reviewed and adopted by the board then submitted
1567	to the Legislature for consideration by February 1, 2010. The
1568	Legislature may reject, modify, or take no action relative to
1569	the proposed rules. If no action is taken, the rules shall be
1570	implemented. Subsequent to their approval, each recipient of
1571	Florida Forever funds shall annually report to the Division of
1572	State Lands on each of the numeric performance measures
1573	accomplished during the previous fiscal year.
1574	(c)  In developing or amending the rules, the council shall
1575	give weight to the criteria included in s. 259.105(10). The
1576	board of trustees shall review the recommendations and shall
1577	adopt rules necessary to administer this section.
1578	(5)  An affirmative vote of five members of the council is
1579	required in order to change a project boundary or to place a
1580	proposed project on a list developed pursuant to subsection (4).
1581	Any member of the council who by family or a business
1582	relationship has a connection with all or a portion of any
1583	proposed project shall declare the interest before voting on its
1584	inclusion on a list.
1585	(6)  The proposal for a project pursuant to this section or
1586	s. 259.105(3)(b) may be implemented only if adopted by the
1587	council and approved by the board of trustees. The council shall
1588	consider and evaluate in writing the merits and demerits of each
1589	project that is proposed for Conservation and Recreation Lands,
1590	Florida Preservation 2000, or Florida Forever funding and shall
1591	ensure that each proposed project will meet a stated public
1592	purpose for the restoration, conservation, or preservation of
1593	environmentally sensitive lands and water areas or for providing
1594	outdoor recreational opportunities. The council also shall
1595	determine whether the project conforms, where applicable, with
1596	the comprehensive plan developed pursuant to s. 259.04(1)(a),
1597	the comprehensive multipurpose outdoor recreation plan developed
1598	pursuant to s. 375.021, the state lands management plan adopted
1599	pursuant to s. 253.03(7), the water resources work plans
1600	developed pursuant to s. 373.199, and the provisions of s.
1601	259.032, s. 259.101, or s. 259.105, whichever is applicable.
1602	Section 13.  Section 259.037, Florida Statutes, is amended
1603	to read:
1604	259.037  Land Management Uniform Accounting Council.--
1605	(1)  The Land Management Uniform Accounting Council is
1606	created within the Department of Environmental Protection and
1607	shall consist of the director of the Division of State Lands,
1608	the director of the Division of Recreation and Parks, the
1609	director of the Office of Coastal and Aquatic Managed Areas, and
1610	the director of the Office of Greenways and Trails of the
1611	Department of Environmental Protection; the director of the
1612	Division of Forestry of the Department of Agriculture and
1613	Consumer Services; the executive director of the Fish and
1614	Wildlife Conservation Commission; and the director of the
1615	Division of Historical Resources of the Department of State, or
1616	their respective designees. Each state agency represented on the
1617	council shall have one vote. The chair of the council shall
1618	rotate annually in the foregoing order of state agencies. The
1619	agency of the representative serving as chair of the council
1620	shall provide staff support for the council. The Division of
1621	State Lands shall serve as the recipient of and repository for
1622	the council's documents. The council shall meet at the request
1623	of the chair.
1624	(2)  The Auditor General and the director of the Office of
1625	Program Policy Analysis and Government Accountability, or their
1626	designees, shall advise the council to ensure that appropriate
1627	accounting procedures are utilized and that a uniform method of
1628	collecting and reporting accurate costs of land management
1629	activities are created and can be used by all agencies.
1630	(3)(a)  All land management activities and costs must be
1631	assigned to a specific category, and any single activity or cost
1632	may not be assigned to more than one category. Administrative
1633	costs, such as planning or training, shall be segregated from
1634	other management activities. Specific management activities and
1635	costs must initially be grouped, at a minimum, within the
1636	following categories:
1637	1.(a)  Resource management.
1638	2.(b)  Administration.
1639	3.  Support.
1640	4.  Capital improvements.
1641	5.  Recreation visitor services.
1642	6.  Law enforcement activities.
1643	(c)  New facility construction.
1644	(d)  Facility maintenance.
1645
1646	Upon adoption of the initial list of land management categories
1647	by the council, agencies assigned to manage conservation or
1648	recreation lands shall, on July 1, 2000, begin to account for
1649	land management costs in accordance with the category to which
1650	an expenditure is assigned.
1651	(b)  Each reporting agency shall also:
1652	1.  Include a report of the available public use
1653	opportunities for each management unit of state land, the total
1654	management cost for public access and public use, and the cost
1655	associated with each use option.
1656	2.  List the acres of land requiring minimal management
1657	effort, moderate management effort, and significant management
1658	effort pursuant to s. 259.032(11)(c). For each category created
1659	in paragraph (a), the reporting agency shall include the amount
1660	of funds requested, the amount of funds received, and the amount
1661	of funds expended for land management.
1662	3.  List acres managed and cost of management for each
1663	park, preserve, forest, reserve, or management area.
1664	4.  List acres managed, cost of management, and lead
1665	manager for each state lands management unit for which secondary
1666	management activities were provided.
1667	(4)  The council shall report agencies' expenditures
1668	pursuant to the adopted categories to the President of the
1669	Senate and the Speaker of the House of Representatives annually,
1670	beginning July 1, 2001. The council shall also provide this
1671	report to the Acquisition and Restoration Council and the
1672	division for inclusion in its annual report required pursuant to
1673	s. 259.036 s. 259.105.
1674	(5)  Should the council determine that the list of land
1675	management categories needs to be revised, it shall meet upon
1676	the call of the chair.
1677	(6)  Biennially, each reporting agency shall also submit an
1678	operational report for each management area along with an
1679	approved management plan. The report should assess the progress
1680	toward achieving short-term and long-term management goals of
1681	the approved management plan, including all land management
1682	activities, and identify any deficiencies in management and
1683	corrective actions to address identified deficiencies as
1684	appropriate. This report shall be submitted to the Acquisition
1685	and Restoration Council and the division for inclusion in its
1686	annual report required pursuant to s. 259.036.
1687	Section 14.  Subsections (3) and (7) of section 259.041,
1688	Florida Statutes, are amended to read:
1689	259.041  Acquisition of state-owned lands for preservation,
1690	conservation, and recreation purposes.--
1691	(3)  No agreement to acquire real property for the purposes
1692	described in this chapter, chapter 260, or chapter 375, title to
1693	which will vest in the board of trustees, may bind the state
1694	unless and until the agreement has been reviewed and approved by
1695	the Department of Environmental Protection as complying with the
1696	requirements of this section and any rules adopted pursuant to
1697	this section. Where any of the following conditions exist, the
1698	agreement shall be submitted to and approved by the board of
1699	trustees:
1700	(a)  The purchase price agreed to by the seller exceeds the
1701	value as established pursuant to the rules of the board of
1702	trustees;
1703	(b)  The contract price agreed to by the seller and
1704	acquiring agency exceeds $1 million;
1705	(c)  The acquisition is the initial purchase in a project;
1706	or
1707	(d)  Other conditions that the board of trustees may adopt
1708	by rule. Such conditions may include, but not be limited to,
1709	projects where title to the property being acquired is
1710	considered nonmarketable or is encumbered in such a way as to
1711	significantly affect its management.
1712
1713	Where approval of the board of trustees is required pursuant to
1714	this subsection, the acquiring agency must provide a
1715	justification as to why it is in the public's interest to
1716	acquire the parcel or project. Approval of the board of trustees
1717	also is required for projects the department recommends
1718	acquiring pursuant to subsections (14) and (15). Review and
1719	approval of agreements for acquisitions for Florida Greenways
1720	and Trails Program properties pursuant to chapter 260 may be
1721	waived by the department in any contract with nonprofit
1722	corporations that have agreed to assist the department with this
1723	program. If the contribution of the acquiring agency exceeds
1724	$100 million in any one fiscal year, the agreement shall be
1725	submitted to and approved by the Legislative Budget Commission.
1726	(7)  Prior to approval by the board of trustees or, when
1727	applicable, the Department of Environmental Protection, of any
1728	agreement to purchase land pursuant to this chapter, chapter
1729	260, or chapter 375, and prior to negotiations with the parcel
1730	owner to purchase any other land, title to which will vest in
1731	the board of trustees, an appraisal of the parcel shall be
1732	required as follows:
1733	(a)  The board of trustees shall adopt by rule the method
1734	for determining the value of parcels sought to be acquired by
1735	state agencies pursuant to this section.
1736	(b)  Each parcel to be acquired shall have at least one
1737	appraisal. Two appraisals are required when the estimated value
1738	of the parcel exceeds $1 million $500,000. However, when both
1739	appraisals exceed $1 million $500,000 and differ significantly,
1740	a third appraisal may be obtained. When a parcel is estimated to
1741	be worth $100,000 or less and the director of the Division of
1742	State Lands finds that the cost of obtaining an outside
1743	appraisal is not justified, an appraisal prepared by the
1744	division may be used.
1745	(c)  Appraisal fees and associated costs shall be paid by
1746	the agency proposing the acquisition. The board of trustees
1747	shall approve qualified fee appraisal organizations. All
1748	appraisals used for the acquisition of lands pursuant to this
1749	section shall be prepared by a member of an approved appraisal
1750	organization or by a state-certified appraiser who meets the
1751	standards and criteria established in rule by the board of
1752	trustees. Each fee appraiser selected to appraise a particular
1753	parcel shall, prior to contracting with the agency or a
1754	participant in a multiparty agreement, submit to that agency or
1755	participant an affidavit substantiating that he or she has no
1756	vested or fiduciary interest in such parcel.
1757	(d)  The fee appraiser and the review appraiser for the
1758	agency shall not act in any way that may be construed as
1759	negotiating with the property owner.
1760	(e)  Generally, appraisal reports are confidential and
1761	exempt from the provisions of s. 119.07(1), for use by the
1762	agency and the board of trustees, until an option contract is
1763	executed or, if no option contract is executed, until 2 weeks
1764	before a contract or agreement for purchase is considered for
1765	approval by the board of trustees. However, the department has
1766	the authority, at its discretion, to disclose appraisal reports
1767	to private landowners during negotiations for acquisitions using
1768	alternatives to fee simple techniques, if the department
1769	determines that disclosure of such reports will bring the
1770	proposed acquisition to closure. The Division of State Lands may
1771	also disclose appraisal information to public agencies or
1772	nonprofit organizations that agree to maintain the
1773	confidentiality of the reports or information when joint
1774	acquisition of property is contemplated, or when a public agency
1775	or nonprofit organization enters into a written multiparty
1776	agreement with the division to purchase and hold property for
1777	subsequent resale to the division. In addition, the division may
1778	use, as its own, appraisals obtained by a public agency or
1779	nonprofit organization, provided the appraiser is selected from
1780	the division's list of appraisers and the appraisal is reviewed
1781	and approved by the division. For the purposes of this chapter,
1782	"nonprofit organization" means an organization whose purposes
1783	include the preservation of natural resources, and which is
1784	exempt from federal income tax under s. 501(c)(3) of the
1785	Internal Revenue Code. The agency may release an appraisal
1786	report when the passage of time has rendered the conclusions of
1787	value in the report invalid or when the acquiring agency has
1788	terminated negotiations.
1789	(f)  The Division of State Lands may use, as its own,
1790	appraisals obtained by a public agency or nonprofit
1791	organization, provided that the appraiser is selected from the
1792	division's list of appraisers and the appraisal is reviewed and
1793	approved by the division. For the purposes of this chapter, the
1794	term "nonprofit organization" means an organization whose
1795	purposes include the preservation of natural resources and which
1796	is exempt from federal income tax under s. 501(c)(3) of the
1797	Internal Revenue Code.
1798
1799	Notwithstanding the provisions of this subsection, on behalf of
1800	the board and before the appraisal of parcels approved for
1801	purchase under this chapter, the Secretary of Environmental
1802	Protection or the director of the Division of State Lands may
1803	enter into option contracts to buy such parcels. Any such option
1804	contract shall state that the final purchase price is subject to
1805	approval by the board or, when applicable, the secretary and
1806	that the final purchase price may not exceed the maximum offer
1807	allowed by law. Any such option contract presented to the board
1808	for final purchase price approval shall explicitly state that
1809	payment of the final purchase price is subject to an
1810	appropriation from the Legislature. The consideration for such
1811	an option may not exceed $1,000 or 0.01 percent of the estimate
1812	by the department of the value of the parcel, whichever amount
1813	is greater.
1814	Section 15.  Section 259.105, Florida Statutes is amended
1815	to read:
1816	259.105  The Florida Forever Act.--
1817	(1)  This section may be cited as the "Florida Forever
1818	Act."
1819	(2)(a)  The Legislature finds and declares that:
1820	1.  Land acquisition programs have The Preservation 2000
1821	program provided tremendous financial resources for purchasing
1822	environmentally significant lands to protect those lands from
1823	imminent development or alteration, thereby ensuring assuring
1824	present and future generations' generations access to important
1825	waterways, open spaces, and recreation and conservation lands.
1826	2.  The continued alteration and development of Florida's
1827	natural and rural areas to accommodate the state's rapidly
1828	growing population have contributed to the degradation of water
1829	resources, the fragmentation and destruction of wildlife
1830	habitats, the loss of outdoor recreation space, and the
1831	diminishment of wetlands, forests, working landscapes, and
1832	coastal open space and public beaches.
1833	3.  The potential development of Florida's remaining
1834	natural areas and escalation of land values require a
1835	continuation of government efforts to restore, bring under
1836	public protection, or acquire lands and water areas to preserve
1837	the state's essential ecological functions and invaluable
1838	quality of life.
1839	4.  It is essential to protect the state's ecosystems by
1840	promoting a more efficient use of land, to ensure opportunities
1841	for viable agricultural activities on working lands, and to
1842	promote vital rural and urban communities that support and
1843	produce development patterns consistent with natural resource
1844	protection.
1845	5.4.  Florida's groundwater, surface waters, and springs
1846	are under tremendous pressure due to population growth and
1847	economic expansion and require special protection and
1848	restoration efforts, including the protection of uplands and
1849	springsheds that provide vital recharge to aquifer systems and
1850	are critical to the protection of water quality and water
1851	quantity of the aquifers and springs. To ensure that sufficient
1852	quantities of water are available to meet the current and future
1853	needs of the natural systems and citizens of the state, and
1854	assist in achieving the planning goals of the department and the
1855	water management districts, water resource development projects
1856	on public lands, where compatible with the resource values of
1857	and management objectives for the lands, are appropriate.
1858	6.5.  The needs of urban, suburban, and small communities
1859	in Florida for high-quality outdoor recreational opportunities,
1860	greenways, trails, and open space have not been fully met by
1861	previous acquisition programs. Through such programs as the
1862	Florida Communities Trust and the Florida Recreation Development
1863	Assistance Program, the state shall place additional emphasis on
1864	acquiring, protecting, preserving, and restoring open space,
1865	ecological greenways, and recreation properties within urban,
1866	suburban, and rural areas where pristine natural communities or
1867	water bodies no longer exist because of the proximity of
1868	developed property.
1869	7.6.  Many of Florida's unique ecosystems, such as the
1870	Florida Everglades, are facing ecological collapse due to
1871	Florida's burgeoning population growth and other economic
1872	activities. To preserve these valuable ecosystems for future
1873	generations, essential parcels of land must be acquired to
1874	facilitate ecosystem restoration.
1875	8.7.  Access to public lands to support a broad range of
1876	outdoor recreational opportunities and the development of
1877	necessary infrastructure, where compatible with the resource
1878	values of and management objectives for such lands, promotes an
1879	appreciation for Florida's natural assets and improves the
1880	quality of life.
1881	9.8.  Acquisition of lands, in fee simple, less-than-fee
1882	interest, or other techniques shall in any lesser interest,
1883	should be based on a comprehensive science-based assessment of
1884	Florida's natural resources which targets essential conservation
1885	lands by prioritizing all current and future acquisitions based
1886	on a uniform set of data and planned so as to protect the
1887	integrity and function of ecological systems and working
1888	landscapes, and provide multiple benefits, including
1889	preservation of fish and wildlife habitat, recreation space for
1890	urban and as well as rural areas, and the restoration of natural
1891	water storage, flow, and recharge.
1892	10.9.  The state has embraced performance-based program
1893	budgeting as a tool to evaluate the achievements of publicly
1894	funded agencies, build in accountability, and reward those
1895	agencies which are able to consistently achieve quantifiable
1896	goals. While previous and existing state environmental programs
1897	have achieved varying degrees of success, few of these programs
1898	can be evaluated as to the extent of their achievements,
1899	primarily because performance measures, standards, outcomes, and
1900	goals were not established at the outset. Therefore, the Florida
1901	Forever program shall be developed and implemented in the
1902	context of measurable state goals and objectives.
1903	11.  The state must play a major role in the recovery and
1904	management of its imperiled species through the acquisition,
1905	restoration, enhancement, and management of ecosystems that can
1906	support the major life functions of such species. It is the
1907	intent of the Legislature to support local, state, and federal
1908	programs that result in net benefit to imperiled species habitat
1909	by providing public and private land owners meaningful
1910	incentives for acquiring, restoring, managing, and repopulating
1911	habitats for imperiled species. It is the further intent of the
1912	Legislature that public lands, both existing and to be acquired,
1913	identified by the lead land managing agency, in consultation
1914	with the Florida Fish and Wildlife Conservation Commission for
1915	animals or the Department of Agriculture and Consumer Services
1916	for plants, as habitat or potentially restorable habitat for
1917	imperiled species, be restored, enhanced, managed, and
1918	repopulated as habitat for such species to advance the goals and
1919	objectives of imperiled species management consistent with the
1920	purposes for which such lands are acquired without restricting
1921	other uses identified in the management plan. It is also the
1922	intent of the Legislature that of the proceeds distributed
1923	pursuant to subsection (3), additional consideration be given to
1924	acquisitions that achieve a combination of conservation goals,
1925	including the restoration, enhancement, management, or
1926	repopulation of habitat for imperiled species. The Acquisition
1927	and Restoration Council, in addition to the criteria in
1928	subsection (9), shall give weight to projects that include
1929	acquisition, restoration, management, or repopulation of habitat
1930	for imperiled species. The term "imperiled species" as used in
1931	this chapter and chapter 253, means plants and animals that are
1932	federally listed under the Endangered Species Act, or state-
1933	listed by the Fish and Wildlife Conservation Commission or the
1934	Department of Agriculture and Consumer Services.
1935	a.  As part of the state's role, all state lands that have
1936	imperiled species habitat shall include as a consideration in
1937	management plan development the restoration, enhancement,
1938	management, and repopulation of such habitats. In addition, the
1939	lead land managing agency of such state lands may use fees
1940	received from public or private entities for projects to offset
1941	adverse impacts to imperiled species or their habitat in order
1942	to restore, enhance, manage, repopulate, or acquire land and to
1943	implement land management plans developed under s. 253.034 or
1944	land management prospectus developed and implemented under this
1945	chapter. Such fees shall be deposited into a foundation or fund
1946	created by each land management agency under s. 372.0215, s.
1947	589.012, or s. 259.032(11)(d), to be used solely to restore,
1948	manage, enhance, repopulate, or acquire imperiled species
1949	habitat.
1950	b.  Where habitat or potentially restorable habitat for
1951	imperiled species is located on state lands, the Fish and
1952	Wildlife Conservation Commission and the Department of
1953	Agriculture and Consumer Services shall be included on any
1954	advisory group required under chapter 253, and the short-term
1955	and long-term management goals required under chapter 253 must
1956	advance the goals and objectives of imperiled species management
1957	consistent with the purposes for which the land was acquired
1958	without restricting other uses identified in the management
1959	plan.
1960	12.10.  There is a need It is the intent of the Legislature
1961	to change the focus and direction of the state's major land
1962	acquisition programs and to extend funding and bonding
1963	capabilities, so that future generations may enjoy the natural
1964	resources of this state Florida.
1965	(b)  The Legislature recognizes that acquisition of lands
1966	in fee simple is only one way to achieve the aforementioned
1967	goals and encourages the use of less-than-fee interests, other
1968	techniques, and the development of creative partnerships between
1969	governmental agencies and private landowners. Such partnerships
1970	may include those that advance the restoration, enhancement,
1971	management, or repopulation of imperiled species habitat on
1972	state lands as provided for in subparagraph (a)11. Easements
1973	acquired pursuant to s. 570.71(2)(a) and (b), land protection
1974	agreements, rural land stewardship areas, sector planning,
1975	mitigation, and similar tools should be used, where appropriate,
1976	to bring environmentally sensitive tracts under an acceptable
1977	level of protection at a lower financial cost to the public, and
1978	to provide private landowners with the opportunity to enjoy and
1979	benefit from their property.
1980	(c)  Public agencies or other entities that receive funds
1981	under this section shall are encouraged to better coordinate
1982	their expenditures so that project acquisitions, when combined
1983	with acquisitions under Florida Forever, Preservation 2000, Save
1984	Our Rivers, the Florida Communities Trust, and other public land
1985	acquisition programs, and the techniques, partnerships, and
1986	tools referenced in subparagraph (a)11. and paragraph (b), are
1987	used to will form more complete patterns of protection for
1988	natural areas, ecological greenways, and functioning ecosystems,
1989	to better accomplish the intent of this section.
1990	(d)  A long-term financial commitment to restoring,
1991	enhancing, and managing Florida's public lands in order to
1992	implement land management plans developed under s. 253.034 or a
1993	land management prospectus developed and implemented under this
1994	chapter must accompany any new land acquisition program to
1995	ensure that the natural resource values of such lands are
1996	restored, enhanced, managed, and protected, that the public
1997	enjoys has the opportunity to enjoy the lands to their fullest
1998	potential, and that the state achieves the full benefits of its
1999	investment of public dollars. Innovative strategies such as
2000	public-private partnerships and interagency planning and sharing
2001	of resources shall be used to achieve the state's management
2002	goals.
2003	(e)  With limited dollars available for restoration,
2004	enhancement, management, and acquisition of land and water areas
2005	and for providing long-term management and capital improvements,
2006	a competitive selection process shall can select those projects
2007	best able to meet the goals of Florida Forever and maximize the
2008	efficient use of the program's funding.
2009	(f)  To ensure success and provide accountability to the
2010	citizens of this state, it is the intent of the Legislature that
2011	any cash or bond proceeds used pursuant to this section be used
2012	to implement the goals and objectives recommended by a
2013	comprehensive science-based assessment and the Florida Forever
2014	Advisory Council as approved by the Board of Trustees of the
2015	Internal Improvement Trust Fund and the Legislature.
2016	(g)  As it has with previous land acquisition programs,
2017	the Legislature recognizes the desires of the residents
2018	citizens of this state to prosper through economic development
2019	and to preserve, restore, and manage the state's natural areas
2020	and recreational open space of Florida. The Legislature further
2021	recognizes the urgency of restoring the natural functions,
2022	including wildlife and imperiled species habitat functions, of
2023	public lands or water bodies before they are degraded to a
2024	point where recovery may never occur, yet acknowledges the
2025	difficulty of ensuring adequate funding for restoration,
2026	enhancement and management efforts in light of other equally
2027	critical financial needs of the state. It is the Legislature's
2028	desire and intent to fund the implementation of this section
2029	and to do so in a fiscally responsible manner, by issuing bonds
2030	to be repaid with documentary stamp tax or other revenue
2031	sources, including those identified in subparagraph (a)11.
2032	(h)  The Legislature further recognizes the important role
2033	that many of our state and federal military installations
2034	contribute to protecting and preserving Florida's natural
2035	resources as well as our economic prosperity. Where the state's
2036	land conservation plans overlap with the military's need to
2037	protect lands, waters, and habitat to ensure the sustainability
2038	of military missions, it is the Legislature's intent that
2039	agencies receiving funds under this program cooperate with our
2040	military partners to protect and buffer military installations
2041	and military airspace, by:
2042	1.  Protecting habitat on nonmilitary land for any species
2043	found on military land that is designated as threatened or
2044	endangered, or is a candidate for such designation under the
2045	Endangered Species Act or any Florida statute;
2046	2.  Protecting areas underlying low-level military air
2047	corridors or operating areas; and
2048	3.  Protecting areas identified as clear zones, accident
2049	potential zones, and air installation compatible use buffer
2050	zones delineated by our military partners; and.
2051	4.  Providing the military with technical assistance to
2052	restore, enhance, and manage military land as habitat for
2053	imperiled species or species designated as threatened or
2054	endangered, or a candidate for such designation, and for the
2055	recovery or reestablishment of such species.
2056	(3)  Less the costs of issuing and the costs of funding
2057	reserve accounts and other costs associated with bonds, the
2058	proceeds of cash payments or bonds issued pursuant to this
2059	section shall be deposited into the Florida Forever Trust Fund
2060	created by s. 259.1051. The proceeds shall be distributed by the
2061	Department of Environmental Protection in the following manner:
2062	(a)  Thirty Thirty-five percent to the Department of
2063	Environmental Protection for the acquisition of lands and
2064	capital project expenditures necessary to implement the water
2065	management districts' priority lists developed pursuant to s.
2066	373.199. The funds are to be distributed to the water management
2067	districts as provided in subsection (11). A minimum of 50
2068	percent of the total funds provided over the life of the Florida
2069	Forever program pursuant to this paragraph shall be used for the
2070	acquisition of lands.
2071	(b)  Thirty-five percent to the Department of Environmental
2072	Protection for the acquisition of lands and capital project
2073	expenditures described in this section. Of the proceeds
2074	distributed pursuant to this paragraph, it is the intent of the
2075	Legislature that an increased priority be given to those
2076	acquisitions which achieve a combination of conservation goals,
2077	including protecting Florida's water resources and natural
2078	groundwater recharge. At a minimum, 3 percent, and no more than
2079	10 percent, of the funds allocated pursuant to this paragraph
2080	shall be spent on capital project expenditures identified during
2081	the time of acquisition which meet land management planning
2082	activities necessary for public access may not exceed 10 percent
2083	of the funds allocated pursuant to this paragraph.
2084	(c)  Twenty-two percent to the Department of Community
2085	Affairs for use by the Florida Communities Trust for the
2086	purposes of part III of chapter 380, as described and limited by
2087	this subsection, and grants to local governments or nonprofit
2088	environmental organizations that are tax-exempt under s.
2089	501(c)(3) of the United States Internal Revenue Code for the
2090	acquisition of community-based projects, urban open spaces,
2091	parks, and greenways to implement local government comprehensive
2092	plans. From funds available to the trust and used for land
2093	acquisition, 75 percent shall be matched by local governments on
2094	a dollar-for-dollar basis. The Legislature intends that the
2095	Florida Communities Trust emphasize funding projects in low-
2096	income or otherwise disadvantaged communities and projects that
2097	provide areas for direct water access and water-dependent
2098	facilities that are open to the public and offer public access
2099	by vessels to waters of the state, including boat ramps and
2100	associated parking and other support facilities. At least 30
2101	percent of the total allocation provided to the trust shall be
2102	used in Standard Metropolitan Statistical Areas, but one-half of
2103	that amount shall be used in localities in which the project
2104	site is located in built-up commercial, industrial, or mixed-use
2105	areas and functions to intersperse open spaces within congested
2106	urban core areas. From funds allocated to the trust, no less
2107	than 5 percent shall be used to acquire lands for recreational
2108	trail systems, provided that in the event these funds are not
2109	needed for such projects, they will be available for other trust
2110	projects. Local governments may use federal grants or loans,
2111	private donations, or environmental mitigation funds, including
2112	environmental mitigation funds required pursuant to s. 338.250,
2113	for any part or all of any local match required for acquisitions
2114	funded through the Florida Communities Trust. Any lands
2115	purchased by nonprofit organizations using funds allocated under
2116	this paragraph must provide for such lands to remain permanently
2117	in public use through a reversion of title to local or state
2118	government, conservation easement, or other appropriate
2119	mechanism. Projects funded with funds allocated to the Trust
2120	shall be selected in a competitive process measured against
2121	criteria adopted in rule by the Trust.
2122	(d)  Two percent to the Department of Environmental
2123	Protection for grants pursuant to s. 375.075.
2124	(e)  One and five-tenths percent to the Department of
2125	Environmental Protection for the purchase of inholdings and
2126	additions to state parks and for capital project expenditures as
2127	described in this section. At a minimum, 1 percent, and no more
2128	than 10 percent, of the funds allocated pursuant to this
2129	paragraph shall be spent on capital project expenditures
2130	identified during the time of acquisition which meet land
2131	management planning activities necessary for public access may
2132	not exceed 10 percent of the funds allocated under this
2133	paragraph. For the purposes of this paragraph, "state park"
2134	means any real property in the state which is under the
2135	jurisdiction of the Division of Recreation and Parks of the
2136	department, or which may come under its jurisdiction.
2137	(f)  One and five-tenths percent to the Division of
2138	Forestry of the Department of Agriculture and Consumer Services
2139	to fund the acquisition of state forest inholdings and additions
2140	pursuant to s. 589.07, the implementation of reforestation plans
2141	or sustainable forestry management practices, and for capital
2142	project expenditures as described in this section. At a minimum,
2143	1 percent, and no more than 10 percent, of the funds allocated
2144	for the acquisition of inholdings and additions pursuant to this
2145	paragraph shall be spent on capital project expenditures
2146	identified during the time of acquisition which meet land
2147	management planning activities necessary for public access may
2148	not exceed 10 percent of the funds allocated under this
2149	paragraph.
2150	(g)  One and five-tenths percent to the Fish and Wildlife
2151	Conservation Commission to fund the acquisition of inholdings
2152	and additions to lands managed by the commission which are
2153	important to the conservation of fish and wildlife and for
2154	capital project expenditures as described in this section. At a
2155	minimum, 1 percent, and no more than 10 percent, of the funds
2156	allocated pursuant to this paragraph shall be spent on capital
2157	project expenditures identified during the time of acquisition
2158	which meet land management planning activities necessary for
2159	public access may not exceed 10 percent of the funds allocated
2160	under this paragraph.
2161	(h)  One and five-tenths percent to the Department of
2162	Environmental Protection for the Florida Greenways and Trails
2163	Program, to acquire greenways and trails or greenways and trail
2164	systems pursuant to chapter 260, including, but not limited to,
2165	abandoned railroad rights-of-way and the Florida National Scenic
2166	Trail and for capital project expenditures as described in this
2167	section. At a minimum, 1 percent, and no more than 10 percent,
2168	of the funds allocated pursuant to this paragraph shall be spent
2169	on capital project expenditures identified during the time of
2170	acquisition which meet land management planning activities
2171	necessary for public access may not exceed 10 percent of the
2172	funds allocated under this paragraph.
2173	(i)  Five percent to the Conservation and Recreation Lands
2174	Program Trust Fund within the Department of Agriculture and
2175	Consumer Services to fund the acquisition of fee simple and
2176	perpetual easements by the Board of Trustees of the Internal
2177	Improvement Trust Fund pursuant to the provisions of s. 570.71.
2178	Of the proceeds distributed pursuant to this paragraph, one
2179	third shall be used to fund working waterfront protection
2180	agreements or acquisitions of fee simple interest in working
2181	waterfronts. The Department of Agriculture and Consumer Services
2182	and the Department of Environmental Protection shall coordinate
2183	the development of annual workplans for proposed fee simple and
2184	less-than-fee simple acquisition projects developed pursuant to
2185	this paragraph and those developed pursuant to paragraph
2186	(17)(e). Terms of easements proposed for acquisition under this
2187	subsection shall be developed by the Department of Agriculture
2188	and Consumer Services in coordination with the Division of State
2189	Lands.
2190	(j)(i)  It is the intent of the Legislature that cash
2191	payments or proceeds of Florida Forever bonds distributed under
2192	this section shall be expended in an efficient and fiscally
2193	responsible manner. An agency that receives proceeds from
2194	Florida Forever bonds under this section may not maintain a
2195	balance of unencumbered funds in its Florida Forever subaccount
2196	beyond 3 fiscal years from the date of deposit of funds from
2197	each bond issue. Any funds that have not been expended or
2198	encumbered after 3 fiscal years from the date of deposit shall
2199	be distributed by the Legislature at its next regular session
2200	for use in the Florida Forever program.
2201	(k)(j)  For the purposes of paragraphs (d), (e), (f), and
2202	(g), and (h), the agencies that which receive the funds shall
2203	develop their individual acquisition or restoration lists in
2204	accordance with specific criteria and numeric performance
2205	measures developed pursuant s. 259.035(4). Proposed additions
2206	may be acquired if they are identified within the original
2207	project boundary, the management plan required pursuant to s.
2208	253.034(5), or the management prospectus required pursuant to s.
2209	259.032(9)(d). Proposed additions not meeting the requirements
2210	of this paragraph shall be submitted to the Acquisition and
2211	Restoration Council for approval. The council may only approve
2212	the proposed addition if it meets two or more of the following
2213	criteria: serves as a link or corridor to other publicly owned
2214	property; enhances the protection or management of the property;
2215	would add a desirable resource to the property; would create a
2216	more manageable boundary configuration; has a high resource
2217	value that otherwise would be unprotected; or can be acquired at
2218	less than fair market value.
2219	(4)  It is the intent of the Legislature that projects or
2220	acquisitions funded pursuant to paragraphs (3)(a) and (b)
2221	contribute to the achievement of the following goals, which
2222	shall be evaluated in accordance with specific criteria and
2223	numeric performance measures developed pursuant s. 259.035(4):
2224	(a)  Enhance the coordination and completion of land
2225	acquisition projects, as measured by:
2226	1.  The number of acres acquired through the state's land
2227	acquisition programs that contribute to the enhancement of
2228	essential natural resources, ecosystem service parcels, and
2229	connecting linkage corridors as identified and developed by the
2230	best available scientific analysis completion of Florida
2231	Preservation 2000 projects or projects begun before Preservation
2232	2000;
2233	2.  The number of acres protected through the use of
2234	alternatives to fee simple acquisition; or
2235	3.  The number of shared acquisition projects among Florida
2236	Forever funding partners and partners with other funding
2237	sources, including local governments and the Federal Government.
2238	(b)  Increase the protection of Florida's biodiversity at
2239	the species, natural community, and landscape levels, as
2240	measured by:
2241	1.  The number of acres acquired of significant strategic
2242	habitat conservation areas;
2243	2.  The number of acres acquired of highest priority
2244	conservation areas for Florida's rarest species;
2245	3.  The number of acres acquired of significant landscapes,
2246	landscape linkages, and conservation corridors, giving priority
2247	to completing linkages;
2248	4.  The number of acres acquired of underrepresented native
2249	ecosystems;
2250	5.  The number of landscape-sized protection areas of at
2251	least 50,000 acres that exhibit a mosaic of predominantly intact
2252	or restorable natural communities established through new
2253	acquisition projects or augmentations to previous projects; or
2254	6.  The percentage increase in the number of occurrences of
2255	imperiled species endangered species, threatened species, or
2256	species of special concern on publicly managed conservation
2257	areas.
2258	(c)  Protect, restore, and maintain the quality and natural
2259	functions of land, water, and wetland systems of the state, as
2260	measured by:
2261	1.  The number of acres of publicly owned land identified
2262	as needing restoration, enhancement, and management, acres
2263	undergoing restoration or enhancement, and acres with
2264	restoration activities completed, and acres managed to maintain
2265	such restored or enhanced conditions; the number of acres which
2266	represent actual or potential imperiled species habitat; the
2267	number of acres which are available pursuant to a management
2268	plan to restore, enhance, repopulate, and manage imperiled
2269	species habitat; and the number of acres of imperiled species
2270	habitat managed, restored, enhanced, repopulated, or acquired;
2271	2.  The percentage of water segments that fully meet,
2272	partially meet, or do not meet their designated uses as reported
2273	in the Department of Environmental Protection's State Water
2274	Quality Assessment 305(b) Report;
2275	3.  The percentage completion of targeted capital
2276	improvements in surface water improvement and management plans
2277	created under s. 373.453(2), regional or master stormwater
2278	management system plans, or other adopted restoration plans;
2279	4.  The number of acres acquired that protect natural
2280	floodplain functions;
2281	5.  The number of acres acquired that protect surface
2282	waters of the state;
2283	6.  The number of acres identified for acquisition to
2284	minimize damage from flooding and the percentage of those acres
2285	acquired;
2286	7.  The number of acres acquired that protect fragile
2287	coastal resources;
2288	8.  The number of acres of functional wetland systems
2289	protected;
2290	9.  The percentage of miles of critically eroding beaches
2291	contiguous with public lands that are restored or protected from
2292	further erosion;
2293	10.  The percentage of public lakes and rivers in which
2294	invasive, nonnative aquatic plants are under maintenance
2295	control; or
2296	11.  The number of acres of public conservation lands in
2297	which upland invasive, exotic plants are under maintenance
2298	control.
2299	(d)  Ensure that sufficient quantities of water are
2300	available to meet the current and future needs of natural
2301	systems and the citizens of the state, as measured by:
2302	1.  The number of acres acquired which provide retention
2303	and storage of surface water in naturally occurring storage
2304	areas, such as lakes and wetlands, consistent with the
2305	maintenance of water resources or water supplies and consistent
2306	with district water supply plans;
2307	2.  The quantity of water made available through the water
2308	resource development component of a district water supply plan
2309	for which a water management district is responsible; or
2310	3.  The number of acres acquired of groundwater recharge
2311	areas critical to springs, sinks, aquifers, other natural
2312	systems, or water supply.
2313	(e)  Increase natural resource-based public recreational
2314	and educational opportunities, as measured by:
2315	1.  The number of acres acquired that are available for
2316	natural resource-based public recreation or education;
2317	2.  The miles of trails that are available for public
2318	recreation, giving priority to those that provide significant
2319	connections including those that will assist in completing the
2320	Florida National Scenic Trail; or
2321	3.  The number of new resource-based recreation facilities,
2322	by type, made available on public land.
2323	(f)  Preserve significant archaeological or historic sites,
2324	as measured by:
2325	1.  The increase in the number of and percentage of
2326	historic and archaeological properties listed in the Florida
2327	Master Site File or National Register of Historic Places which
2328	are protected or preserved for public use; or
2329	2.  The increase in the number and percentage of historic
2330	and archaeological properties that are in state ownership.
2331	(g)  Increase the amount of forestland available for
2332	sustainable management of natural resources, as measured by:
2333	1.  The number of acres acquired that are available for
2334	sustainable forest management;
2335	2.  The number of acres of state-owned forestland managed
2336	for economic return in accordance with current best management
2337	practices;
2338	3.  The number of acres of forestland acquired that will
2339	serve to maintain natural groundwater recharge functions; or
2340	4.  The percentage and number of acres identified for
2341	restoration actually restored by reforestation.
2342	(h)  Increase the amount of open space available in urban
2343	areas, as measured by:
2344	1.  The percentage of local governments that participate in
2345	land acquisition programs and acquire open space in urban cores;
2346	or
2347	2.  The percentage and number of acres of purchases of open
2348	space within urban service areas.
2349
2350	Florida Forever projects and acquisitions funded pursuant to
2351	paragraph (3)(c) shall be measured by goals developed by rule by
2352	the Florida Communities Trust Governing Board created in s.
2353	380.504.
2354	(5)(a)  All lands acquired pursuant to this section shall
2355	be managed for multiple-use purposes, where compatible with the
2356	resource values of and management objectives for such lands. As
2357	used in this section, "multiple-use" includes, but is not
2358	limited to, outdoor recreational activities as described in ss.
2359	253.034 and 259.032(9)(b), water resource development projects,
2360	and sustainable forestry management, carbon sequestration,
2361	carbon mitigation, or carbon offsets.
2362	(b)  Upon a decision by the entity in which title to lands
2363	acquired pursuant to this section has vested, such lands may be
2364	designated single use as defined in s. 253.034(2)(b).
2365	(c)  For purposes of this section, the Board of Trustees of
2366	the Internal Improvement Trust Fund shall adopt rules that
2367	pertain to the use of state lands for carbon sequestration,
2368	carbon mitigation, or carbon offsets and that provide for
2369	climate-change-related benefits.
2370	(6)  As provided in this section, a water resource or water
2371	supply development project may be allowed only if the following
2372	conditions are met: minimum flows and levels have been
2373	established for those waters, if any, which may reasonably be
2374	expected to experience significant harm to water resources as a
2375	result of the project; the project complies with all applicable
2376	permitting requirements; and the project is consistent with the
2377	regional water supply plan, if any, of the water management
2378	district and with relevant recovery or prevention strategies if
2379	required pursuant to s. 373.0421(2).
2380	(7)(a)  Beginning no later than July 1, 2001, and every
2381	year thereafter, the Acquisition and Restoration Council shall
2382	accept applications from state agencies, local governments,
2383	nonprofit and for-profit organizations, private land trusts, and
2384	individuals for project proposals eligible for funding pursuant
2385	to paragraph (3)(b). The council shall evaluate the proposals
2386	received pursuant to this subsection to ensure that they meet at
2387	least one of the criteria under subsection (9).
2388	(b)  Project applications shall contain, at a minimum, the
2389	following:
2390	1.  A minimum of two numeric performance measures that
2391	directly relate to the overall goals adopted by the council.
2392	Each performance measure shall include a baseline measurement,
2393	which is the current situation; a performance standard which the
2394	project sponsor anticipates the project will achieve; and the
2395	performance measurement itself, which should reflect the
2396	incremental improvements the project accomplishes towards
2397	achieving the performance standard.
2398	2.  Proof that property owners within any proposed
2399	acquisition have been notified of their inclusion in the
2400	proposed project. Any property owner may request the removal of
2401	such property from further consideration by submitting a request
2402	to the project sponsor or the Acquisition and Restoration
2403	Council by certified mail. Upon receiving this request, the
2404	council shall delete the property from the proposed project;
2405	however, the board of trustees, at the time it votes to approve
2406	the proposed project lists pursuant to subsection (16), may add
2407	the property back on to the project lists if it determines by a
2408	super majority of its members that such property is critical to
2409	achieve the purposes of the project.
2410	(c)  The title to lands acquired under this section shall
2411	vest in the Board of Trustees of the Internal Improvement Trust
2412	Fund, except that title to lands acquired by a water management
2413	district shall vest in the name of that district and lands
2414	acquired by a local government shall vest in the name of the
2415	purchasing local government.
2416	(8)  The Acquisition and Restoration Council shall develop
2417	a project list that shall represent those projects submitted
2418	pursuant to subsection (7).
2419	(9)  The Acquisition and Restoration Council shall
2420	recommend rules for adoption by the board of trustees to
2421	competitively evaluate, select, and rank projects eligible for
2422	Florida Forever funds pursuant to paragraph (3)(b) and for
2423	additions to the Conservation and Recreation Lands list pursuant
2424	to ss. 259.032 and 259.101(4). In developing these proposed
2425	rules, the Acquisition and Restoration Council shall give weight
2426	to the following criteria:
2427	(a)  The project meets multiple goals described in
2428	subsection (4).
2429	(b)  The project is part of an ongoing governmental effort
2430	to restore, protect, or develop land areas or water resources.
2431	(c)  The project enhances or facilitates management of
2432	properties already under public ownership.
2433	(d)  The project has significant archaeological or historic
2434	value.
2435	(e)  The project has funding sources that are identified
2436	and assured through at least the first 2 years of the project.
2437	(f)  The project contributes to the solution of water
2438	resource problems on a regional basis.
2439	(g)  The project has a significant portion of its land area
2440	in imminent danger of development, in imminent danger of losing
2441	its significant natural attributes or recreational open space,
2442	or in imminent danger of subdivision which would result in
2443	multiple ownership and make acquisition of the project costly or
2444	less likely to be accomplished.
2445	(h)  The project implements an element from a plan
2446	developed by an ecosystem management team.
2447	(i)  The project is one of the components of the Everglades
2448	restoration effort.
2449	(j)  The project may be purchased at 80 percent of
2450	appraised value.
2451	(k)  The project may be acquired, in whole or in part,
2452	using alternatives to fee simple, including but not limited to,
2453	tax incentives, mitigation funds, or other revenues, the
2454	purchase of development rights, hunting rights, agricultural or
2455	silvicultural rights, or mineral rights or obtaining
2456	conservation easements or flowage easements.
2457	(l)  The project is a joint acquisition, either among
2458	public agencies, nonprofit organizations, or private entities,
2459	or by a public-private partnership.
2460	(10)  The Acquisition and Restoration Council shall give
2461	increased priority to those projects for which matching funds
2462	are available and to project elements previously identified on
2463	an acquisition list pursuant to this section that can be
2464	acquired at 80 percent or less of appraised value. The council
2465	shall also give increased priority to those projects where the
2466	state's land conservation plans overlap with the military's need
2467	to protect lands, water, and habitat to ensure the
2468	sustainability of military missions including:
2469	(a)  Protecting habitat on nonmilitary land for any species
2470	found on military land that is designated as threatened or
2471	endangered, or is a candidate for such designation under the
2472	Endangered Species Act or any Florida statute;
2473	(b)  Protecting areas underlying low-level military air
2474	corridors or operating areas; and
2475	(c)  Protecting areas identified as clear zones, accident
2476	potential zones, and air installation compatible use buffer
2477	zones delineated by our military partners, and for which federal
2478	or other funding is available to assist with the project.
2479	(11)  For the purposes of funding projects pursuant to
2480	paragraph (3)(a), the Secretary of Environmental Protection
2481	shall ensure that each water management district receives the
2482	following percentage of funds annually:
2483	(a)  Thirty-five percent to the South Florida Water
2484	Management District, of which amount $25 million for 2 years
2485	beginning in fiscal year 2000-2001 shall be transferred by the
2486	Department of Environmental Protection into the Save Our
2487	Everglades Trust Fund and shall be used exclusively to implement
2488	the comprehensive plan under s. 373.470.
2489	(b)  Twenty-five percent to the Southwest Florida Water
2490	Management District.
2491	(c)  Twenty-five percent to the St. Johns River Water
2492	Management District.
2493	(d)  Seven and one-half percent to the Suwannee River Water
2494	Management District.
2495	(e)  Seven and one-half percent to the Northwest Florida
2496	Water Management District.
2497	(12)  It is the intent of the Legislature that in
2498	developing the list of projects for funding pursuant to
2499	paragraph (3)(a), that these funds not be used to abrogate the
2500	financial responsibility of those point and nonpoint sources
2501	that have contributed to the degradation of water or land areas.
2502	Therefore, an increased priority shall be given by the water
2503	management district governing boards to those projects that have
2504	secured a cost-sharing agreement allocating responsibility for
2505	the cleanup of point and nonpoint sources.
2506	(13)  An affirmative vote of five members of the
2507	Acquisition and Restoration Council shall be required in order
2508	to place a proposed project on the list developed pursuant to
2509	subsection (8). Any member of the council who by family or a
2510	business relationship has a connection with any project proposed
2511	to be ranked shall declare such interest prior to voting for a
2512	project's inclusion on the list.
2513	(14)  Each year that cash disbursements or bonds are to be
2514	issued pursuant to this section, the Acquisition and Restoration
2515	Council shall review the most current approved project list and
2516	shall, by the first board meeting in May, present to the Board
2517	of Trustees of the Internal Improvement Trust Fund for approval
2518	a listing of projects developed pursuant to subsection (8). The
2519	board of trustees may remove projects from the list developed
2520	pursuant to this subsection, but may not add projects or
2521	rearrange project rankings.
2522	(15)  The Acquisition and Restoration Council shall submit
2523	to the board of trustees, with its list of projects, a report
2524	that includes, but shall not be limited to, the following
2525	information for each project listed:
2526	(a)  The stated purpose for inclusion.
2527	(b)  Projected costs to achieve the project goals.
2528	(c)  An interim management budget that includes all costs
2529	associated with immediate public access.
2530	(d)  Specific performance measures.
2531	(e)  Plans for public access.
2532	(f)  An identification of the essential parcel or parcels
2533	within the project without which the project cannot be properly
2534	managed.
2535	(g)  Where applicable, an identification of those projects
2536	or parcels within projects which should be acquired in fee
2537	simple or in less than fee simple.
2538	(h)  An identification of those lands being purchased for
2539	conservation purposes.
2540	(i)  A management policy statement for the project and a
2541	management prospectus pursuant to s. 259.032(9)(d).
2542	(j)  An estimate of land value based on county tax assessed
2543	values.
2544	(k)  A map delineating project boundaries.
2545	(l)  An assessment of the project's ecological value,
2546	outdoor recreational value, forest resources, wildlife
2547	resources, ownership pattern, utilization, and location.
2548	(m)  A discussion of whether alternative uses are proposed
2549	for the property and what those uses are.
2550	(n)  A designation of the management agency or agencies.
2551	(16)  All proposals for projects pursuant to paragraph
2552	(3)(b) or subsection (20) shall be implemented only if adopted
2553	by the Acquisition and Restoration Council and approved by the
2554	board of trustees. The council shall consider and evaluate in
2555	writing the merits and demerits of each project that is proposed
2556	for Florida Forever funding and each proposed addition to the
2557	Conservation and Recreation Lands list program. The council
2558	shall ensure that each proposed project will meet a stated
2559	public purpose for the restoration, conservation, or
2560	preservation of environmentally sensitive lands and water areas
2561	or for providing outdoor recreational opportunities and that
2562	each proposed addition to the Conservation and Recreation Lands
2563	list will meet the public purposes under s. 259.032(3) and, when
2564	applicable, s. 259.101(4). The council also shall determine
2565	whether the project or addition conforms, where applicable, with
2566	the comprehensive plan developed pursuant to s. 259.04(1)(a),
2567	the comprehensive multipurpose outdoor recreation plan developed
2568	pursuant to s. 375.021, the state lands management plan adopted
2569	pursuant to s. 253.03(7), the water resources work plans
2570	developed pursuant to s. 373.199, and the provisions of this
2571	section.
2572	(17)  On an annual basis, the Division of State Lands shall
2573	prepare an annual work plan that prioritizes projects on the
2574	Florida Forever list and sets forth the funding available in the
2575	fiscal year for land acquisition. The work plan shall consider
2576	the following categories of expenditure for land conservation
2577	projects already selected for the Florida Forever list pursuant
2578	to subsection (8):
2579	(a)  A critical natural lands category, including
2580	functional landscape-scale natural systems, intact large
2581	hydrological systems, lands that have significant imperiled
2582	natural communities, and corridors linking large landscapes, as
2583	identified and developed by the best available scientific
2584	analysis.
2585	(b)  A partnerships or regional incentive category,
2586	including:
2587	1.  Projects where local and regional cost-share agreements
2588	provide a lower cost and greater conservation benefit to the
2589	people of the state. Additional consideration shall be provided
2590	under this category where parcels are identified as part of a
2591	local or regional visioning process and are supported by
2592	scientific analysis; and
2593	2.  Bargain and shared projects where the state will
2594	receive a significant reduction in price for public ownership of
2595	land as a result of the removal of development rights or other
2596	interests in lands or receives alternative or matching funds.
2597	(c)  A substantially complete category of projects where
2598	mainly inholdings, additions, and linkages between preserved
2599	areas will be acquired and where 85 percent of the project is
2600	complete.
2601	(d)  A climate-change category list of lands where
2602	acquisition or other conservation measures will address the
2603	challenges of global climate change, such as through protection,
2604	restoration, mitigation, and strengthening of Florida's land,
2605	water, and coastal resources. This category includes lands that
2606	provide opportunities to sequester carbon, provide habitat,
2607	protect coastal lands or barrier islands, and otherwise mitigate
2608	and help adapt to the effects of sea-level rise and meet other
2609	objectives of the program.
2610	(e)  A less-than-fee category for working agricultural
2611	lands that significantly contribute to resource protection
2612	through conservation easements and other less-than-fee
2613	techniques, tax incentives, life estates, landowner agreements,
2614	and other partnerships, including conservation easements
2615	acquired in partnership with federal conservation programs,
2616	which will achieve the objectives of Florida Forever while
2617	allowing the continuation of compatible agricultural uses on the
2618	land. Terms of easements proposed for acquisition under this
2619	category shall be developed by the Division of State Lands in
2620	coordination with the Department of Agriculture and Consumer
2621	Services.
2622
2623	Projects within each category shall be ranked by order of
2624	priority. The work plan shall be adopted by the Acquisition and
2625	Restoration Council after at least one public hearing. A copy of
2626	the work plan shall be provided to the board of trustees of the
2627	Internal Improvement Trust Fund no later than October 1 of each
2628	year.
2629	(18)(17)(a)  The Board of Trustees of the Internal
2630	Improvement Trust Fund, or, in the case of water management
2631	district lands, the owning water management district, may
2632	authorize the granting of a lease, easement, or license for the
2633	use of certain lands acquired pursuant to this section, for
2634	certain uses that are determined by the appropriate board to be
2635	compatible with the resource values of and management objectives
2636	for such lands.
2637	(b)  Any existing lease, easement, or license acquired for
2638	incidental public or private use on, under, or across any lands
2639	acquired pursuant to this section shall be presumed to be
2640	compatible with the purposes for which such lands were acquired.
2641	(c)  Notwithstanding the provisions of paragraph (a), no
2642	such lease, easement, or license shall be entered into by the
2643	Department of Environmental Protection or other appropriate
2644	state agency if the granting of such lease, easement, or license
2645	would adversely affect the exclusion of the interest on any
2646	revenue bonds issued to fund the acquisition of the affected
2647	lands from gross income for federal income tax purposes,
2648	pursuant to Internal Revenue Service regulations.
2649	(19)(18)  The Acquisition and Restoration Council shall
2650	recommend adoption of rules by the board of trustees necessary
2651	to implement the provisions of this section relating to:
2652	solicitation, scoring, selecting, and ranking of Florida Forever
2653	project proposals; disposing of or leasing lands or water areas
2654	selected for funding through the Florida Forever program; and
2655	the process of reviewing and recommending for approval or
2656	rejection the land management plans associated with publicly
2657	owned properties. Rules promulgated pursuant to this subsection
2658	shall be submitted to the President of the Senate and the
2659	Speaker of the House of Representatives, for review by the
2660	Legislature, no later than 30 days prior to the 2010 2001
2661	Regular Session and shall become effective only after
2662	legislative review. In its review, the Legislature may reject,
2663	modify, or take no action relative to such rules. The board of
2664	trustees shall conform such rules to changes made by the
2665	Legislature, or, if no action was taken by the Legislature, such
2666	rules shall become effective.
2667	(20)(19)  Lands listed as projects for acquisition under
2668	the Florida Forever program may be managed for conservation
2669	pursuant to s. 259.032, on an interim basis by a private party
2670	in anticipation of a state purchase in accordance with a
2671	contractual arrangement between the acquiring agency and the
2672	private party that may include management service contracts,
2673	leases, cost-share arrangements, or resource conservation
2674	agreements. Lands designated as eligible under this subsection
2675	shall be managed to maintain or enhance the resources the state
2676	is seeking to protect by acquiring the land and to accelerate
2677	public access to the lands as soon as practicable. Funding for
2678	these contractual arrangements may originate from the
2679	documentary stamp tax revenue deposited into the Conservation
2680	and Recreation Lands Trust Fund and Water Management Lands Trust
2681	Fund. No more than 5 percent of funds allocated under the trust
2682	funds shall be expended for this purpose.
2683	(20)  The Acquisition and Restoration Council, as
2684	successors to the Land Acquisition and Management Advisory
2685	Council, may amend existing Conservation and Recreation Lands
2686	projects and add to or delete from the 2000 Conservation and
2687	Recreation Lands list until funding for the Conservation and
2688	Recreation Lands program has been expended. The amendments to
2689	the 2000 Conservation and Recreation Lands list will be reported
2690	to the board of trustees in conjunction with the council's
2691	report developed pursuant to subsection (15).
2692	Section 16.  Subsection (1) of section 259.1051, Florida
2693	Statutes, is amended to read:
2694	259.1051  Florida Forever Trust Fund.--
2695	(1)  There is created the Florida Forever Trust Fund to
2696	carry out the purposes of ss. 259.032, 259.105, 259.1052, and
2697	375.031. The Florida Forever Trust Fund shall be held and
2698	administered by the Department of Environmental Protection.
2699	Proceeds from the sale of bonds, except proceeds of refunding
2700	bonds, issued under s. 215.618 and payable from moneys
2701	transferred to the Land Acquisition Trust Fund under s.
2702	201.15(1)(a), not to exceed $5.3 $3 billion, must be deposited
2703	into this trust fund to be distributed and used as provided in
2704	s. 259.105(3). The bond resolution adopted by the governing
2705	board of the Division of Bond Finance of the State Board of
2706	Administration may provide for additional provisions that govern
2707	the disbursement of the bond proceeds.
2708	Section 17.  Subsection (7) is added to section 373.089,
2709	Florida Statutes, to read:
2710	373.089  Sale or exchange of lands, or interests or rights
2711	in lands.--The governing board of the district may sell lands,
2712	or interests or rights in lands, to which the district has
2713	acquired title or to which it may hereafter acquire title in the
2714	following manner:
2715	(7)  Notwithstanding other provisions of this section, the
2716	governing board shall first offer title to lands acquired in
2717	whole or in part with Florida Forever funds which are determined
2718	to be no longer needed for conservation purposes to the Board of
2719	Trustees of the Internal Improvement Trust Fund unless the
2720	disposition of those lands are for the following purposes:
2721	(a)  Linear facilities, including electric transmission and
2722	distribution facilities, telecommunication transmission and
2723	distribution facilities, pipeline transmission and distribution
2724	facilities, public transportation corridors, and related
2725	appurtenances.
2726	(b)  The disposition of the fee interest in the land where
2727	a conservation easement is retained by the district to fulfill
2728	the conservation objectives for which the land was acquired.
2729	(c)  An exchange of the land for other lands that meet or
2730	exceed the conservation objectives for which the original land
2731	was acquired in accordance with subsection (4).
2732	(d)  To be used by a governmental entity for a public
2733	purpose.
2734
2735	In the event the Board of Trustees of the Internal Improvement
2736	Trust Fund declines to accept title to the lands offered under
2737	this section, the land may be disposed of by the district under
2738	the provisions of this section.
2739	Section 18.  Subsection (1) of section 373.1391, Florida
2740	Statutes, is amended to read:
2741	373.1391  Management of real property.--
2742	(1)(a)  Lands titled to the governing boards of the
2743	districts shall be managed and maintained, to the extent
2744	practicable, in such a way as to ensure a balance between public
2745	access, general public recreational purposes, and restoration
2746	and protection of their natural state and condition. Except when
2747	prohibited by a covenant or condition described in s.
2748	373.056(2), lands owned, managed, and controlled by the district
2749	may be used for multiple purposes, including, but not limited
2750	to, agriculture, silviculture, and water supply, as well as
2751	boating and other recreational uses.
2752	(b)  Whenever practicable, such lands shall be open to the
2753	general public for recreational uses. General public
2754	recreational purposes shall include, but not be limited to,
2755	fishing, hunting, horseback riding, swimming, camping, hiking,
2756	canoeing, boating, diving, birding, sailing, jogging, and other
2757	related outdoor activities to the maximum extent possible
2758	considering the environmental sensitivity and suitability of
2759	those lands. These public lands shall be evaluated for their
2760	resource value for the purpose of establishing which parcels, in
2761	whole or in part, annually or seasonally, would be conducive to
2762	general public recreational purposes. Such findings shall be
2763	included in management plans which are developed for such public
2764	lands. These lands shall be made available to the public for
2765	these purposes, unless the district governing board can
2766	demonstrate that such activities would be incompatible with the
2767	purposes for which these lands were acquired. The department in
2768	its supervisory capacity shall ensure that the districts provide
2769	consistent levels of public access to district lands, consistent
2770	with the purposes for which the lands were acquired.
2771	(c)  In developing or reviewing land management plans when
2772	a dispute arises that has not been resolved by a water
2773	management district's final agency action, that dispute must be
2774	resolved under chapter 120.
2775	(d)  For any fee simple acquisition of a parcel which is or
2776	will be leased back for agricultural purposes, or for any
2777	acquisition of a less-than-fee interest in lands that is or will
2778	be used for agricultural purposes, the district governing board
2779	shall first consider having a soil and water conservation
2780	district created pursuant to chapter 582 manage and monitor such
2781	interest.
2782	Section 19.  Subsection (4) of section 373.199, Florida
2783	Statutes, is amended to read:
2784	373.199  Florida Forever Water Management District Work
2785	Plan.--
2786	(4)  The list submitted by the districts shall include,
2787	where applicable, the following information for each project:
2788	(a)  A description of the water body system, its historical
2789	and current uses, and its hydrology; a history of the conditions
2790	which have led to the need for restoration or protection; and a
2791	synopsis of restoration efforts that have occurred to date, if
2792	applicable.
2793	(b)  An identification of all governmental units that have
2794	jurisdiction over the water body and its drainage basin within
2795	the approved surface water improvement and management plan area,
2796	including local, regional, state, and federal units.
2797	(c)  A description of land uses within the project area's
2798	drainage basin, and of important tributaries, point and nonpoint
2799	sources of pollution, and permitted discharge activities
2800	associated with that basin.
2801	(d)  A description of strategies and potential strategies,
2802	including improved stormwater management, for restoring or
2803	protecting the water body to Class III or better surface water
2804	quality status. Such strategies may utilize alternative
2805	technologies for pollutant reduction, such as cost-effective
2806	biologically based, hybrid wetlands/chemical and other
2807	innovative nutrient control technologies.
2808	(e)  A listing and synopsis of studies that are being or
2809	have been prepared for the water body, stormwater management
2810	project, or water resource development project.
2811	(f)  A description of the measures needed to manage and
2812	maintain the water body once it has been restored and to prevent
2813	future degradation, to manage and maintain the stormwater
2814	management system, or to manage and maintain the water resource
2815	development project.
2816	(g)  A schedule for restoration and protection of the water
2817	body, implementation of the stormwater management project, or
2818	development of the water resource development project.
2819	(h)  A clear and concise An estimate of the funding needed
2820	to carry out the restoration, protection, or improvement
2821	project, or the development of new water resources, where
2822	applicable, and a clear and concise identification of the
2823	projected sources and uses of Florida Forever funds of the
2824	funding.
2825	(i)  Numeric performance measures for each project. Each
2826	performance measure shall include a baseline measurement, which
2827	is the current situation; a performance standard, which water
2828	management district staff anticipates the project will achieve;
2829	and the performance measurement itself, which should reflect the
2830	incremental improvements the project accomplishes towards
2831	achieving the performance standard. These measures shall reflect
2832	the relevant goals detailed in s. 259.105(4).
2833	(j)  A discussion of permitting and other regulatory issues
2834	related to the project.
2835	(k)  An identification of the proposed public access for
2836	projects with land acquisition components, including the Florida
2837	National Scenic Trail.
2838	(l)  An identification of those lands which require a full
2839	fee simple interest to achieve water management goals and those
2840	lands which can be acquired using alternatives to fee simple
2841	acquisition techniques and still achieve such goals. In their
2842	evaluation of which lands would be appropriate for acquisition
2843	through alternatives to fee simple, district staff shall
2844	consider criteria including, but not limited to, acquisition
2845	costs, the net present value of future land management costs,
2846	the net present value of ad valorem revenue loss to the local
2847	government, and potential for revenue generated from activities
2848	compatible with acquisition objectives.
2849	(m)  An identification of lands needed to protect or
2850	recharge groundwater and a plan for their acquisition as
2851	necessary to protect potable water supplies. Lands which serve
2852	to protect or recharge groundwater identified pursuant to this
2853	paragraph shall also serve to protect other valuable natural
2854	resources or provide space for natural resource based
2855	recreation.
2856	Section 20.  Paragraph (e) of subsection (10) of section
2857	373.59, Florida Statutes, is amended to read:
2858	373.59  Water Management Lands Trust Fund.--
2859	(10)
2860	(e)  If property that was subject to ad valorem taxation
2861	was acquired by a tax-exempt entity for ultimate conveyance to
2862	the state under this chapter, payment in lieu of taxes shall be
2863	made for such property based upon the average amount of taxes
2864	paid on the property for the 3 years prior to its being removed
2865	from the tax rolls. The water management districts shall certify
2866	to the Department of Revenue those properties that may be
2867	eligible under this provision. Once eligibility has been
2868	established, that governmental entity shall receive 10
2869	consecutive annual payments for each tax loss until the
2870	qualifying governmental entity exceeds the population threshold
2871	pursuant to s. 259.032(12)(b), and no further eligibility
2872	determination shall be made during that period.
2873	Section 21.  Section 570.71, Florida Statutes, is amended
2874	to read:
2875	570.71  Conservation easements and agreements.--
2876	(1)  The department, on behalf of the Board of Trustees of
2877	the Internal Improvement Trust Fund, may allocate moneys to
2878	acquire perpetual, less-than-fee interest in land, to enter into
2879	agricultural protection agreements, and to enter into resource
2880	conservation agreements, and to enter into working waterfront
2881	protection agreements for the following public purposes:
2882	(a)  Promotion and improvement of wildlife habitat;
2883	(b)  Protection and enhancement of water bodies, aquifer
2884	recharge areas, wetlands, and watersheds;
2885	(c)  Perpetuation of open space on lands with significant
2886	natural areas; or
2887	(d)  Protection of agricultural lands threatened by
2888	conversion to other uses.
2889	(e)  Protection of working waterfronts.
2890	(2)  To achieve the purposes of this act, beginning no
2891	sooner than July 1, 2002, and every year thereafter, The
2892	department may accept applications for project proposals that:
2893	(a)  Purchase conservation easements, as defined in s.
2894	704.06.
2895	(b)  Purchase rural-lands-protection easements pursuant to
2896	this act.
2897	(c)  Fund resource conservation agreements pursuant to this
2898	act.
2899	(d)  Fund agricultural protection agreements pursuant to
2900	this act.
2901	(e)  Fund working waterfront protection agreements pursuant
2902	to this act.
2903	(f)  Fund fee simple acquisitions in working waterfronts
2904	pursuant to subsection (12).
2905	(3)  Rural-lands-protection easements shall be a perpetual
2906	right or interest in agricultural land which is appropriate to
2907	retain such land in predominantly its current state and to
2908	prevent the subdivision and conversion of such land into other
2909	uses. This right or interest in property shall prohibit only the
2910	following:
2911	(a)  Construction or placing of buildings, roads,
2912	billboards or other advertising, utilities, or structures,
2913	except those structures and unpaved roads necessary for the
2914	agricultural operations on the land or structures necessary for
2915	other activities allowed under the easement, and except for
2916	linear facilities described in s. 704.06(11);
2917	(b)  Subdivision of the property;
2918	(c)  Dumping or placing of trash, waste, or offensive
2919	materials; and
2920	(d)  Activities that affect the natural hydrology of the
2921	land or that detrimentally affect water conservation, erosion
2922	control, soil conservation, or fish or wildlife habitat, except
2923	those required for environmental restoration; federal, state, or
2924	local government regulatory programs; or best management
2925	practices.
2926	(4)  Resource conservation agreements will be contracts for
2927	services which provide annual payments to landowners for
2928	services that actively improve habitat and water restoration or
2929	conservation on their lands over and above that which is already
2930	required by law or which provide recreational opportunities.
2931	They will be for a term of not less than 5 years and not more
2932	than 10 years. Property owners will become eligible to enter
2933	into a resource conservation agreement only upon entering into a
2934	conservation easement or rural lands protection easement.
2935	(5)  Agricultural protection agreements shall be for terms
2936	of 30 years and will provide payments to landowners having
2937	significant natural areas on their land. Public access and
2938	public recreational opportunities may be negotiated at the
2939	request of the landowner.
2940	(a)  For the length of the agreement, the landowner shall
2941	agree to prohibit:
2942	1.  Construction or placing of buildings, roads, billboards
2943	or other advertising, utilities, or structures, except those
2944	structures and unpaved roads necessary for the agricultural
2945	operations on the land or structures necessary for other
2946	activities allowed under the easement, and except for linear
2947	facilities described in s. 704.06(11);
2948	2.  Subdivision of the property;
2949	3.  Dumping or placing of trash, waste, or offensive
2950	materials; and
2951	4.  Activities that affect the natural hydrology of the
2952	land, or that detrimentally affect water conservation, erosion
2953	control, soil conservation, or fish or wildlife habitat.
2954	(b)  As part of the agricultural protection agreement, the
2955	parties shall agree that the state shall have a right to buy a
2956	conservation easement or rural land protection easement at the
2957	end of the 30-year term. If the landowner tenders the easement
2958	for the purchase and the state does not timely exercise its
2959	right to buy the easement, the landowner shall be released from
2960	the agricultural agreement. The purchase price of the easement
2961	shall be established in the agreement and shall be based on the
2962	value of the easement at the time the agreement is entered into,
2963	plus a reasonable escalator multiplied by the number of full
2964	calendar years following the date of the commencement of the
2965	agreement. The landowner may transfer or sell the property
2966	before the expiration of the 30-year term, but only if the
2967	property is sold subject to the agreement and the buyer becomes
2968	the successor in interest to the agricultural protection
2969	agreement. Upon mutual consent of the parties, a landowner may
2970	enter into a perpetual easement at any time during the term of
2971	an agricultural protection agreement.
2972	(6)  Working waterfront protection agreements shall be
2973	perpetual less-than-fee interest in lands that currently or
2974	historically have been used as a working waterfront. The
2975	agreements shall prevent the conversion of the land into other
2976	inconsistent uses and shall maintain the use of the land in its
2977	predominate historical or current state.
2978	(7)(6)  Payment for conservation easements, and rural land
2979	protection easements, working waterfront protection agreements,
2980	and working waterfront acquisitions shall be a lump-sum payment
2981	at the time the easement or agreement is entered into.
2982	(8)(7)  Landowners entering into an agricultural protection
2983	agreement may receive up to 50 percent of the purchase price at
2984	the time the agreement is entered into, and remaining payments
2985	on the balance shall be equal annual payments over the term of
2986	the agreement.
2987	(9)(8)  Payments for the resource conservation agreements
2988	shall be equal annual payments over the term of the agreement.
2989	(10)(9)  Easements purchased pursuant to this act may not
2990	prevent landowners from transferring the remaining fee value
2991	with the easement.
2992	(11)(10)  The department, in consultation with the
2993	Department of Environmental Protection, the water management
2994	districts, the Department of Community Affairs, and the Florida
2995	Fish and Wildlife Conservation Commission, shall adopt rules
2996	that establish an application process, a process and criteria
2997	for setting priorities for use of funds consistent with the
2998	purposes specified in subsection (1) and giving preference to
2999	ranch and timber lands managed using sustainable practices, an
3000	appraisal process, and a process for title review and compliance
3001	and approval of the rules by the Board of Trustees of the
3002	Internal Improvement Trust Fund.
3003	(12)  Notwithstanding any other provision of law, the
3004	department, on behalf of the Board of Trustees of the Internal
3005	Improvement Trust Fund, is authorized to acquire fee simple
3006	interest in working waterfront properties. Such acquisitions are
3007	to prevent further loss of Florida's cultural history and the
3008	marine industries supported by working waterfronts. For purposes
3009	of chapters 253 and 259 and this chapter, "working waterfronts"
3010	means a parcel or parcels of real property that support water-
3011	dependent commercial activities, including commercial fishing,
3012	or that provide public access to state waters.
3013	(a)  Working waterfront acquisitions by fee simple
3014	acquisition may be completed by the department in whole or in
3015	partnership with other entities.
3016	(b)  Working waterfront acquisitions shall be managed by
3017	the department. The department is authorized to enter into
3018	management agreements with other entities for the management of
3019	the acquisitions.
3020	(13)(11)  If a landowner objects to having his or her
3021	property included in any lists or maps developed to implement
3022	this act, the department shall remove the property from any such
3023	lists or maps upon receipt of the landowner's written request to
3024	do so.
3025	(14)(12)  The department is authorized to use funds from
3026	the following sources to implement this act:
3027	(a)  State funds;
3028	(b)  Federal funds;
3029	(c)  Other governmental entities;
3030	(d)  Nongovernmental organizations; or
3031	(e)  Private individuals.
3032
3033	Any such funds provided shall be deposited into the Conservation
3034	and Recreation Lands Program Trust Fund within the Department of
3035	Agriculture and Consumer Services and used for the purposes of
3036	this act.
3037	(15)(13)  No more than 10 percent of any funds made
3038	available to implement this act shall be expended for resource
3039	conservation agreements and agricultural protection agreements.
3040	Section 22.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.